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2025 DAILYLAW 25993 (GAU)

MR HEMANTA BARUAH v. THE STATE OF ASSAM

Bail Appln./3485/2025 · 2025-11-12

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010238312025 2025:GAU-AS:15351 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3485/2025 MR HEMANTA BARUAH SON OF SRI PULIN BARUAH, R/O NO. 3 TEKJURI P.S. DHEMAJI DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. D CHUTIA, MR SAURADEEP DEY Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 13.11.2025 Heard Mr. D Chutia, learned counsel for the petitioner. Also heard the learned Additional Public Prosecutor. 2. This is an application under Section 483 of the BNSS, 2023 for grant of Page No.# 2/3 bail to the accused, namely; Hemanta Baruah, in connection with Silapathar Police Station Case No. 206/2025 dated 14.10.2025 under Section 61(2)/103(1) of the BNS, 2023. 3. The allegations as contained in the FIR, briefly stated that the daughter of the informant aged 23 years was in a relationship with the accused person and their marriage was also fixed but subsequently, the accused person reduced his phone calls to her and subsequently, she was found dead and it is suspected that it is a case of murder and not suicide. 4. The Case Diary, as called for, has been received and although the post- mortem report is available, the final opinion regarding cause of death has been kept pending due to non-receipt of FSL report. It is submitted by the learned Additional Public Prosecutor that some simple injuries are found in the person of the deceased but there is no material to indicate that the petitioner is involved. It also appears from the Case Diary that the petitioner had broken his relationship with the deceased and had built up a relationship with another person. However, these are occurrences which take place in course of life and, prima facie, no criminality can be attributed to such acts. 5. Peetitioner has spent 29 days in custody, and his further detention is not considered necessary. 6. Accordingly, the prayer for bail is allowed. It is provided that the accused petitioner, named above, shall be released on bail of Rs. 20,000/- only, with one surety of the like amount, subject to the satisfaction of the learned Elaka Magistrate, subject to the following condition: (1) That the accused petitioners shall not, directly or indirectly, Page No.# 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing those facts to the Court or to any police officer. 7. The bail application stands disposed of accordingly. JUDGE Comparing Assistant