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2026 DAILYLAW 15306 (GAU)

SMT NAMITA DAS AND ANR v. THE STATE OF ASSAM

AB/2148/2026 · 2026-09-27

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010189642026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2148/2026 SMT NAMITA DAS AND ANR WO SRI TARUN DAS, RO NO 3 AMTOLA, CHAYYGAON, KAMRUP, ASSAM, PIN 781134 2: SRI SANJIB DAS S/O SRI TARUN DAS R/O NO 3 AMTOLA CHAYYGAON KAMRUP ASSAM PIN 78113 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B B GOGOI, MRS. S KHATANIAR,MR. M K DUTTA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.09.2026 Heard Mr. BB Gogoi, learned Counsel for the petitioners and Mr. RJ Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioners have prayed for pre-arrest bail in connection with Chhaygaon PS Case No. 173/2026 registered under Sections 118(2)/3(5) of BNS, 2023. The FIR in connection with which the petitioners are apprehending arrest was lodged by one Biswajit Das stating inter alia that on 19.08.2026 at around 09:30 am, when his mother came out of the washroom, accused no.3 i.e. petitioner no.1 splashed dirty water upon his mother, which had led to an altercation. The informant further stated that thereafter petitioner no.2 along with his father came out and assaulted the complainant. 3. The learned Counsel for the petitioners submits that the story narrated in the FIR is a concocted story and that although there was a quarrel but no injury was inflicted by the petitioner nos. 1 and 2. 4. On the other hand, Mr. RJ Baruah, learned Additional Public Prosecutor on perusal of the Case Diary submits that the injuries although was seen on the father of the victim but the said injury was simple. Further it is seen that the petitioners were enlarged on interim pre arrest bail by order dated 09.09.2026 on one of the condition that they should appear before the Investigating Officer within 10 days from the date of the order. 5. Mr. RJ Baruah, learned Additional Public Prosecutor on perusal of the Case Diary submits that they have appeared and their statements are also recorded. Accordingly, it is seen that the petitioners are cooperating with the investigation. Page No.# 3/3 As such, the order dated 09.09.2026 is made absolute with the condition that the petitioner should abide by the directions and conditions in the said interim order. 6. Petition is disposed of. JUDGE Comparing Assistant