Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 26875 (GAU)

SIMANTA DAS v. THE STATE OF ASSAM

AB/1019/2025 · 2025-11-13

Anjan Moni Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010093272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1019/2025 SIMANTA DAS S/O- LATE LAGEN DAS. R/O- SANATAN GAON, P.O- BAHADUR CHUK, PIN-787001, P.S- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR K THAKUR, MR. R RAHMAN,MAYUR DAS,B. ALI SK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14.11.2025 Heard Mr. M. Das, learned counsel appearing for the accused/applicant. Also heard Mr. K. Baishya, learned APP for the State of Assam. Page No.# 2/3 2. By filing this application under Section 482 of BNS, 2023, the accused/ applicant has prayed for pre-arrest bail in connection with Dispur P.S. Case No. 97/2025 under Sections 117(2)/ 127(2)/ 131/ 296/ 351(2)/ 85/ 89 of BNS, 2023 and Section 4 of the Dowry Prohibition Act, 1961. 3. The allegation made in the FIR dated 02.02. 2025 is that the accused/ applicant after having a love affair with the informant, got married to her and started conjugal life since 5th October, 2024 and both started staying together in North Lakhimpur. However, after some days, the informant started noticing that some changes in the behaviuor of the accused applicant and the accused/ applicant took fight with her for some petty issues and in fact, started demanding money from her parents. It is also alleged that in every now and then, the accused/ applicant started torturing the informant both physically and mentally and she sustained severe injuries. It is alleged that on 18.10.2024, the accused/ applicant tried to kill the informant with fist and blows and she was forced to escape from the house of the accused/ applicant. As a result of such torture, she fell sick physically and she was admitted to Dispur Hospital on 04.05.2025. It was alleged that he drove her out from her room and the time of filing FIR, she was still staying in her parental house. 4. On receipt of the FIR, the police registered the case and the accused/ applicant has filed the instant pre-arrest bail application. By order dated 27.05.2025, a coordinate Bench of this court, granted interim pre arrest bail to the accused/applicant. The learned counsel for the accused/applicant submits that in terms of the aforesaid pre-arrest bail, the accused/ applicant appeared before the I.O. and furnished the certified copy of the interim order dated 27.05.2025 and other required documents. Therefore, he prays that the interim order dated 27.05.2025 should be made absolute. Page No.# 3/3 5. On the other hand, the learned APP has submitted that the certified copy of the said interim order dated 27.05.2025 is available in the case diary but he has no knowledge wheather the accused/ applicant has appeared before the I.O or not. 6. This court has gone through the case diary as well as the materials available on record. A copy of the letter addressed to the O.C. Disppur P.S. by the accused /applicant for appearing before the I.O along with a copy of the interim order dated 27.05.2025 is produced before this Court. 7. After taking the whole facts in its entirety, this court is of the opinion that the accused applicant should be allowed go on pre-arrest bail. Therefore, interim pre-arrest bail granted vide order dated 27.05.2025 be made absolute subject to the condition that the accused/ applicant shall appear before the I.O. within a period of 10 days from today and shall cooperate with the investigation in connection with Dispur P.S. Case No. 97/2025. 8. It is made clear that the other conditions of the interim pre-arrest bail dated 27.05.2025 shall remain as it is. 9. With the above direction, the bail application stands disposed of. 10. Return the case diary. JUDGE Comparing Assistant