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2026 DAILYLAW 15359 (GAU)

MAMONI KALITA ALIAS MAMONI DAS v. THE STATE OF ASSAM

Bail Appln./2835/2026 · 2026-09-27

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010199272026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2835/2026 MAMONI KALITA ALIAS MAMONI DAS W/O HITESH DAS, R/O VILLAGE KULHATI KONADIA, P.S. HAJO, DISTRICT KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. A E HUSSAIN,MR. S HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 28.09.2026 1. Heard Mr. S.M. Abdullah P., the learned counsel appearing for the accused applicant. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor for the State. Page No.# 2/4 2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the accused applicant in connection with Hajo P.S. Case No. 319/2026 under Section 103(1) of BNS, 2023. 3. The allegation as made in the FIR dated 11.07.2026 is that the accused applicant is the sister-in-law of the informant and she, after her marriage, started subjecting mental and physical torture on the mother-in-law as well as on her. 4. It is alleged that about two months ago, the accused applicant had physically assaulted her husband, Sri Hitesh Das, and the same was informed to the concerned police. 5. It is alleged that despite this, on the night of 10.07.2026, the accused applicant, taking advantage of the absence of her husband, stabbed the mother-in-law, i.e., the informant's mother, on her neck with a sharp weapon causing her death. 6. On receipt of the FIR, police registered Hajo P.S. Case No. 319/2026 under the aforementioned sections. 7. The bail prayer of the accused applicant had been rejected by this Court on two earlier occasions. The Bail Application No. 1977/2026 which was rejected on 12.08.2026 as well as the Bail Application No. 2567/2026 was rejected on 03.09.2026. 8. The learned counsel appearing for the accused applicant submits that since the accused applicant is a lady and she has already spent 79 days behind bars, the further custodial detention in the instant case may not be required. Therefore, he prays for bail of the accused applicant. Page No.# 3/4 9. On the other hand, Mr. K. K. Parasar, the learned Additional Public Prosecutor has objected to the prayer for bail of the accused applicant. 10. After due consideration of the submissions made by the learned counsel appearing for the respective parties as well as taking into account the fact that the accused applicant has already spent 79 days behind bars, and she being a woman, this Court is of the considered opinion that further custodial detention of the accused applicant may not be required in the instant case. 11. Accordingly, it is directed that the accused applicant shall be released on bail from jail on furnishing of a bail bond of Rs. 30,000/- with a surety of like amount to the satisfaction of the learned JMFC, Hajo, subject to the following conditions that: i. The accused applicant shall cooperate with the investigation and make herself available as and when called for by the Investigating Officer; ii. The accused applicant shall not tamper or hamper with the investigation in any whatsoever manner. Page No.# 4/4 12. In terms of the aforesaid direction, the instant bail application stands disposed of. JUDGE Comparing Assistant