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2025 DAILYLAW 2543 (GAU)

KUNJALAL AGRAHARI BONIA AND 2 ORS. v. THE STATE OF ASSAM

AB/2278/2025 · 2026-03-11

Pranjal Das

body2025

Judgment text

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Page No.# 1/4 GAHC010210192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2278/2025 KUNJALAL AGRAHARI BONIA AND 2 ORS. SON OF LATE RANGAIRAM AGRAHARI BONIA R/O VILL- NO. 1 CHAKALIA,P.O. CHAKALIA, P.S.MORAN, DIST. DIBRUGARH, ASSAM, PIN-785675 2: SMTI. BIMALA DEVI W/O SHRI KUNJALAL AGRAHARI BONIA R/O VILL- NO. 1 CHAKALIA P.O. CHAKALIA P.S.MORAN DIST. DIBRUGARH ASSAM PIN-785675 3: SRI DILIP AGRAHARI BONIA SON OF SRI KUNJALAL AGRAHARI BONIA R/O VILL- NO. 1 CHAKALIA P.O. CHAKALIA P.S.MORAN DIST. DIBRUGARH ASSAM PIN-78567 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MR K J SAIKIA,MR. P BORDOLOI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 12.03.2026 Heard Mr. P. Bordoloi, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. P.P. for the State respondent. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, 1. Sri Kunjalal Agrahari Bonia, 2. Smt. Bimala Devi and 3. Sri Dilip Agrahari Bonia , seeking pre-arrest bail in connection with Moran P.S Case No. 76/2025 (Corresponding to G.R Case No.777/2025) under Sections 61(2)/109(1)/108/3(5) of BNS, 2023. 3. The ejahar has been lodged by the mother of the deceased with the allegation that the named accused persons tried to kill her daughter leading to a serious condition and also assaulted her. It appears that subsequently, the victim died leading to the I.O praying for addition of Section 108 BNS. The husband is not named in the FIR, though the present petitioners of which petitioner nos.1 and 2 are parents-in-law of the deceased have been named. They are stated to be aged 75 and 78 years respectively. 4. The learned counsel for the petitioners has pointed out that the deceased Page No.# 3/4 and her husband had filed a title suit against some other members of the family (T.S Case No.21/2025). It also appears from the materials prima-facie that there was some property dispute going on between the parties leading to unpleasantness between them. The I.O has made an endorsement in his report after investigation that no direct involvement was found against the FIR named persons but at a later part of the same report, he stated that the family members including the husband had abetted the suicide of the victim. 5. The petitioners were granted interim bail on 15.09.2025. The learned counsel for the petitioner submitting a copy of a death certificate dated 08.03.2026 submits that the petitioner No.1, who was aged about 75 years, expired on 03.03.2026. 6. The case diary has been received and the learned Addl. P.P. submits that there is progress in the investigation and no material regarding violation of bail conditions pursuant to grant of interim. Their statements have also been recorded. 7. In the circumstances, the interim bail vide order dated 15.09.2025 granted to the petitioner nos. 1 and 2 and interim bail vide order dated 26.09.2026 granted to the petitioner no.3 are hereby made absolute, subject, of course, to the following conditions:- (i) The petitioners shall be available for the trial, if one commences. (ii) They shall not hamper or tamper with the evidence. (iii) They shall not commit any illegal activities. 8. Violation of any bail conditions will entail cancellation of the bail. 9. Accordingly, this instant anticipatory bail application stands allowed and Page No.# 4/4 disposed of. 10. Send back the case diary. JUDGE Comparing Assistant