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2026 DAILYLAW 14025 (GAU)

HALADHAR KALITA v. THE STATE OF ASSAM

Bail Appln./2647/2026 · 2026-09-08

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010195052026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2647/2026 HALADHAR KALITA S/O LT KALIRAM KALITA, R/O BR DEKA PATH, PS JALUKBARI, DIST KAMRUP (M) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D MEDHI, MR P SONOWAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 09.09.2026 Heard Mr. D. Medhi, learned Counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with PRC Case No. 2844/2026 arising out of Jalukbari P.S. Case No. 282/2026 registered under Section 108 of BNS, 2023. The FIR in connection with which the petitioner Page No.# 2/3 was arrested was lodged by the sister of the deceased stating inter alia that on 23.07.2026 in the morning hours, his sister who was 54 years of age committed suicide by hanging herself from a ceiling fan in the house of her husband. The informant further stated that on an earlier occasion, his sister had informed him that her husband had subjected her to physical and mental harassment and that the deceased had left a suicide note. In the said FIR, the informant also stated that they suspected that the deceased committed suicide due to the harassment meted out by the husband of the deceased. 3. The learned Counsel for the petitioner submits that the petitioner was inside the jail for 47 days and that his interrogation was also done by the Investigating Officer. He also submits that the charge sheet has been laid in the instant case and the matter is yet to be committed to the Sessions Court. 4. Mr. R.J. Baruah, learned Additional Public Prosecutor, however, submits that the sister of the informant had committed suicide in her matrimonial house and there are allegations that the petitioner had harassed her physically and mentally and that he submits the perusal of the Trial Court Records is necessary in the instant case. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the allegations against the petitioner was only on the basis of suspicion and also due to the fact that it has been laid by the Supreme Court that to attract the offence of abatement, proper materials are required, this Court deems it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of SDJM (II) Kamrup(M) under the following conditions: i) the petitioner will appear before the Trial Court as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence Page No.# 3/3 the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant