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2025 DAILYLAW 2550 (GAU)

DIPU CH DAS v. THE STATE OF ASSAM

Bail Appln./3008/2025 · 2026-01-18

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010207762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3008/2025 DIPU CH DAS S/O SRI RAM CHANDRA DAS R/O PANDU SADILAPUR P.S. JALUKBARI, GUWAHATI DIST. KAMRUP (M), ASSAM, PIN-781012. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S K ROY, S MEDHI,K RAHMAN,MRS. M M ROY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19.01.2026 Heard Mr. S. K. Roy, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P for the State. 2. FSL report as called for has not been received for the fourth occasion Page No.# 2/3 today. 3. In the FIR dated 11.07.2025, it was alleged by the sister of the deceased that the present accused was married to the deceased and his family members harassed her and ultimately her body was found hanging from a ceiling fan and it was suspected to be a case of murder. 4. Case diary along with PM report has been received where the opinion regarding cause of death was shown as kept pending due to non receipt of FSL report. 5. On perusal of the case diary, it is seen that the there is some implication of the petitioner. An additional affidavit has been filed, bringing on record copies of some medical documents regarding the father of the accused and from these documents, I find that he has been diagnosed with and suffering from mental illness and also dependency in day to day activities. 6. It is also revealed from the other documents that he was declared medically unfit by Board of N.R. Railway and therefore, discharged from service and that in lieu of the same, the accused/petitioner herein was appointed on compassionate ground. It is also submitted by the learned counsel for the petitioner that the mother of the accused/petitioner has also recently expired on 08.06.2025. 7. Further on perusal of the post-mortem report, it is seen that it has been mentioned than an oblique non continuous ligature mark was present around the neck above the level of thyroid cartilage which is prima facie indicative of suicidal hanging. 8. Having regard to the above, the prayer for bail is allowed. Page No.# 3/3 9. The order of interim bail dated 25.09.2025, is hereby made absolute upon the same conditions. 10. Send back the case diary. JUDGE Comparing Assistant