Page No.# 1/3 GAHC010025762026 2026:GAU-AS:2921 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./398/2026 HALIMA BEGUM W/O LATE MD. JALAL UDDIN, R/O MASJID ROAD, P.S. JAGIROAD, DIST. MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S H SIKDAR, MR. A DEKA,MS N J BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 25.02.2026 Heard Mr. S. H. Sikdar, learned counsel for the accused-applicant. Also heard Mr. K. K. Parasar, learned Addl. P.P., representing the State. 2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the accused-applicant in connection with Jagiroad P.S. Case No. Page No.# 2/3 313/2025, registered under Sections 103/3(5) of the BNS, 2023. 3. An FIR was lodged on 18.12.2025, by the brother of the victim, alleging that the accused-applicant had assaulted his brother physically, whereby his brother got seriously injured and later on, died in the Guwahati Medical Hospital on 18.12.2025. 4. On receipt of the FIR, the police registered Jagiroad P.S. Case No. 313/2025, under the aforementioned Sections against the accused-applicant. 5. The accused-applicant was arrested on 19.12.2025 and since then, she is behind the bar. 6. The learned counsel appearing for the accused-applicant submits that the deceased was the husband of the accused-applicant and was a habitual drinker. It is submitted that he would often return home in an intoxicated condition and was in the habit of assaulting the accused-applicant. He submits that during such assault on the fateful date, the accused-applicant pushed him, whereby he sustained certain injuries and he had to be taken to the hospital and thereafter, owing to his excessive consumption of alcohol, he expired in the hospital. He submits that the accused-applicant is having a two years’ old child and she is already inside the jail 67 days and therefore, taking into account the length of detention as well as the nature of offence alleged, this Court should allow her to go on bail. 7. The learned Addl. P.P., has produced the Case Diary before this Court, which reveals that the victim suffered only minor injuries when he was taken to the hospital, however, the victim expired later on. 8. The Post-Mortem report reveals that the final opinion of the cause of death could not be given at this stage, as the FSL report was awaited. Page No.# 3/3 9. Taking into account the whole aspect of the matter in it’s entirety and on perusal of the case records as well as taking into account that the accused- applicant is a lady having a lactating child, this Court, at this stage, is of the considered opinion that the accused-applicant should be granted bail. Accordingly, it is directed that the accused-applicant be released forthwith on bail of furnishing a bail bond of Rs. 30,000/-(Rupees Thirty Thousand on) with a surety of like nature to the satisfaction of the learned CJM, Morigaon, subject to the conditions that the accused-applicant shall cooperate with the investigation and shall not try to influence any evidence/witnesses that may be involved in the instant case. 10. In terms of the aforesaid directions, the instant bail application is disposed of. 11. Case Diary, if any, be sent back. JUDGE Comparing Assistant