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2026 DAILYLAW 15604 (GAU)

SUMEN KOCH v. THE STATE OF ASSAM

Bail Appln./2355/2026 · 2026-09-29

Anjan Moni Kalita

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010171562026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2355/2026 SUMEN KOCH SON OF GHANAKANTA KOCH RESIDENT OF BALIPARA, NAMDHEKERIGAON, DHEKIRIGAON, TEZPUR POLICE STATION- CHARIDUAR, DISTRICT- SONITPUR, ASSAM PRESENT ADDRESS NO.2 BHABANIPUR, POLICE STATION- NOONMATI, DISTRICT- KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 30-09-2026 Heard Mr. U.K. Barman, learned counsel for the accused applicant. Also heard Mr. D.P. Goswami, learned Addl. P.P. Assam. This is an application filed under Section 483 BNSS, 2023 praying for granting of Page No.# 2/3 bail to the accused applicant, in connection with Sessions Case No. 07/2026, under Section 103(1)/ 238(a)/ 305(a) BNS arising out of Chandmari P.S. Case No. 224/2025, pending before the court of learned Sessions Judge, Kamrup (M) at Guwahati. An FIR was lodged by the informant before the Officer-in-Charge of the Chandmari Police Station on 31-08-2025 that on 20-08-2025 at about 11:30 pm, she rang up her husband and she got to know that some of his friends had come for dinner. It is stated that the informant was staying in Bangalore at that point of time while her husband was staying at Guwahati. After sometime, she tried to call her husband but his phone was found to be not reachable. On the next day, she was calling him again and when she called the society chowkidar, she was informed that her husband was lying on the floor with blood on his head. She immediately called her brother and intimated them to take him to the hospital. She came back to Guwahati on the very day at about 09:30 p.m. She found that her husband was no more and the body was lying in the morgue. In view of the aforesaid FIR, police registered Chandmari P.S. Case No. 224/2025 under the aforementioned sections. After the investigation, the police filed charge sheet on 20-12-2025 and charges were duly framed on 22-01-2026. The case is presently pending evidence. Out of the 47 witnesses named in the charge sheet 07 have already been examined. The learned counsel for the accused applicant submits that the accused applicant has been arrested on 24-09-2025 and for the last 371 days he is behind the bars. He submits that only 07 PWs have been examined till date and 40 more PWs have to be Page No.# 3/3 examined. He submits that the trial is going to take a considerable time and since he is already behind the bars for 371 days, he should be granted bail. TCR has already been received and the same is perused by this Court. The learned Addl. P.P. Assam, on the other hand, opposes the prayer of bail and he submits that since the trial has already begun and the trial should be allowed to go ahead to a logical end. This Court has perused the TCR and the materials available in the TCR. This Court has considered the submission made by the learned counsel for the respective parties. It is seen that the FIR was filed on 31-08-2025 and after completion of the investigation, charge sheet was filed on 20-12-2025 and the charges were framed on 22-01-2026. It is also seen that after framing of charge, the trial has been going on smoothly and 07 PWs have already been examined by the trial court. It is also seen that there are sufficient prima facie incriminating materials against the accused applicant in the instant case. Taking into account of the fact that the trial is going on in a reasonable good speed and it is expected to be completed within a reasonable time, this Court is not inclined to interfere in the instant case, at this stage. Accordingly, the instant bail application stands rejected at this stage. JUDGE Comparing Assistant