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2025 DAILYLAW 24504 (GAU)

JANMONI HAZARIKA v. THE STATE OF ASSAM

Bail Appln./3882/2025 · 2025-12-09

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010265012025 2025:GAU-AS:17084 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3882/2025 JANMONI HAZARIKA W/O SHRI BHOLA HAZARIKA R/O NH-37, KRISHNANAGAR, SARBAIDANDH, NEAR JORHAT BY PASS, DIST. JORHAT, ASSAM, P.O. AND P.S. JORHAT, PIN-785001 PH. NO. 6002877646 VERSUS THE STATE OF ASSAM REP BY PP, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS S JAIN,MS M ZOMUANPUII,MRS J M KONWAR,MR H AGARWAL Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 10.12.2025 Heard Mr. B.D. Konwar, learned Senior Counsel for the petitioner. Also Page No.# 2/3 heard Mr. R.J. Baruah, learned Addl. P.P. appearing for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the accused petitioner, namely, Smti. Janmoni Hazarika, praying for grant of regular bail in connection with Gorchuk P.S. Case No.311/2025, under Sections 108 of the BNS, 2023. 3. The FIR dated 16.11.2025, lodged by one Biswajit Kalita before the Officer-in-Charge Gorchuk Police station with the allegation that his elder brother died under mysterious circumstances in his grocery shop on 28.09.2025 and that prior to his death he had informed his mother and elder sister that the present petitioner was blackmailing and harassing and therefore, the family suspects her involvement in the death. The present petitioner was arrested on 23.11.2025. 4. The learned Senior Counsel for the petitioner contends that the petitioner is no way involved in the alleged offence of abeting the supposed suicidal death of the deceased; that though she was picked up from Jorhat but the statutory period of 24 hours for production before Magistrate was over by the time she was produced before the learned JMFC at Guwhati. 5. It is also contended that the notices under Sections 47 and 48 are also deficient and further contending that in the notice under 48 BNSS, there is no reference to any relative or any signature thereof the relative, who was informed. The learned Senior Counsel has however drawn my attention to W.T. message sent by the police to inform some relatives. 6. The case diary has been received. 7. The learned Addl. P.P. submits that just prior to the death there was communication between the deceased and the petitioner and that the materials Page No.# 3/3 indicate that they were on friendly terms and thereafter, when his mobile was found to be switched off just after the last conversation - the petitioner gave a social media post regarding the same and for family members to enquire. The same is also contended by the learned Senior Counsel for the petitioner. As to whether the ingredients of abetment to suicide would be a matter of complete investigation and more especially trial, if one commences. 8. However, in the given circumstances, I am of the considered view that at this stage, the petitioner should be granted bail. Accordingly, the accused petitioner is hereby allowed to go on bail of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned concerned Court and subject to the following conditions that:- (i) That the accused person shall co-operate with the remaining investigation, (ii) That the accused person shall not hamper or tamper with evidence. 9. Violation of any bail conditions will entail cancellation of the bail. 10. This bail application stands allowed and disposed of. 11. Send back the case diary. JUDGE Comparing Assistant