Page No.# 1/3 GAHC010144382026 2026:GAU-AS:10342 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1639/2026 SMTI KABITA DAS WIFE OF SRI HARIHAR DAS RESIDENT OF 1 NO. BAGATA, POLICE STATION- HAJO, DISTRICT- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 28.07.2026 Heard Mr. H. Ali, learned counsel for the applicant and also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by the applicant, namely, Kabita Das, who has been Page No.# 2/3 apprehending arrest in connection with Hajo P.S. Case No.199/2026 under Section 308(2)/351(2)/108/3(5) of BNS, for grant of the privilege of pre-arrest bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Pradip Malakar, on 21.05.2026. The allegation against the applicant is that she along with her daughter, with whom the son of Pradip Malakar was in a relationship, has abetted commission of suicide by the son of the informant, due to continuous harassment and also due to intimidation and blackmailing and extortion. 4. Mr. Ali, learned counsel for the applicant submits that the applicant is the mother of the girl, with whom the deceased was in a relationship and that the father of the girl has already been arrested and he has been granted bail by this Court today and the applicant is no way involved with the offence alleged in the FIR and besides, she is a woman and she is ready to cooperate with the investigating agency and therefore, it is contended to allow the application. 5. Per contra, Mr. Lahkar, learned Additional Public Prosecutor, Assam, has opposed the petition. Producing the case diary before this Court, he submits that the I.O. has collected some materials against the present applicant and therefore, he has contended to dismiss this petition. 6. Having heard the submission of learned Advocates of both sides, this Court has carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Lahkar, learned Additional P.P. 7. In view of the materials collected so far in the case diary against the present applicant and also considering the fact that she is a woman and further considering the progress of investigation, this Court is of the view that custodial interrogation, in the interest of investigation may not be required and therefore, this Court is inclined to allow this application. 8. It is provided that in the event of arrest of the applicant, namely, Kabita Das, in connection with Hajo P.S. Case No.199/2026, under Section 308(2)/351(2)/108/3(5) of Page No.# 3/3 BNS, 2000, she shall be enlarged on pre-arrest bail on her executing a bond of ` 50,000/- with one surety of the like amount to the satisfaction of the arresting authority. 9. The above privilege is, however, subject to the following conditions:- (i) The applicant shall make herself available for interrogation by the Investigating Officer as and when directed; (ii) The applicant shall not make any inducement, threat or promise to any person, directly or indirectly, acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The applicant shall not leave the jurisdiction of the learned Judicial Magistrate First Class, Hajo, without prior permission. 10. In terms of above, this anticipatory bail application stands disposed of. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE