Page No.# 1/3 GAHC010211092026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2978/2026 JITUMONI DAS S/O-SRI KUMAR DASR/O-KALIBARI, AMINGAONP.S.-NORTH GUWAHATI, PIN NO-781030DIST-KAMRUP, ASSAM VERSUS THE STSTE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A DUTTA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.09.2026 Heard Mr. A. Dutta, the learned counsel for the petitioner and Mr. K. K. Das, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for bail in connection with Sessions Case No. 177/2026, arising out of North Guwahati P.S. Case No. 41/2026, under Section 108 of BNS, pending before the Court of Additional Page No.# 2/3 District & Sessions Judge, Kamrup at Amingaon. 3. The FIR in connection with which, the petitioner was arrested on 18.06.2026, was lodged by the father of the petitioner, who is the husband of the victim, stating inter alia, that the petitioner, who is his own son had abused physically and mentally the victim since long and that on 27.04.2026, at around 10:00 AM, the petitioner told his wife to die and that little thereafter, the victim was seen vomiting and the petitioner was also heard again shouting to his mother as “ Die, Die”. The informant further stated that the victim was taken to the hospital and she was declared dead. The police registered the case for the offence of abetment against the petitioner. 4. On completion of the investigation, the police submitted the Charge-sheet on 22.07.2026, wherein, it was stated that the petitioner, who lives in Dibrugarh on account of his work occasionally visit his home and that, he has been torturing his parents for money and that a fight took place between the mother and the son and the mother had consumed poisoned and she met her death. 5. Mr. K. K. Das, the learned Addl. Public Prosecutor for the State, however, submits that, the Case Diary be called for to see the entire gamut of the case. 6. I have heard the learned counsels for the petitioner and on consideration of the same, it is stated that, to establish a case for abetment, the Hon’ble Apex Court had held in a number of decisions that the materials showing abetment should be particular in nature and in the instant case, it is seen that, the petitioner resides elsewhere and that day although, there was a quarrel between the mother and the son but the necessary particulars of abetment is difficult to comprehend and as such, this Court enlarges the petitioner on bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one Page No.# 3/3 local surety of the like amount of the satisfaction of the Additional District and Session Judge, Kamrup, Amingaon under the following conditions: (i) The petitioner shall positively appear before the Trial Court as and when call for. (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave their residence without prior permission of the Investigating Officer. 7. The Bail Applications stands disposed of. JUDGE Comparing Assistant