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2026 DAILYLAW 15749 (GAU)

KABERI DAS ALIAS DEV AND ANR v. THE STATE OF ASSAM

AB/2464/2026 · 2026-10-05

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010213122026 2026:GAU-AS:14943 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2464/2026 KABERI DAS ALIAS DEV AND ANR W/O NIRUPAM DEV, RESIDENT OF DOBOKA TOWN, WARD NO 2 BISHNUPALLY, P.S. DOBOKA, DISTRICT HOJAI, ASSAM, PIN 782446. 2: SIKHA DEV W/O LATE NIPUL DEV RESIDENT OF DOBOKA TOWN WARD NO. 2 (BISHNUPALLY) P.S. DOBOKA DISTRICT HOJAI ASSAM PIN 782446 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. M R DEVI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 06.10.2026 Heard Ms. M. R. Devi, the learned counsel for the petitioners and Mr. R. J. Page No.# 2/3 Baruah, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application, the petitioners have prayed for pre-arrest bail in connection with Doboka P.S. Case No. 106/2026, registered under Sections 75, 124(1), 2(5) of the BNS, 2023. 3. The FIR, in connection with which the petitioners apprehend arrest, was lodged by the victim herself, stating, inter alia, that she had been married for the last nine years and had one daughter, and that her husband stayed elsewhere due to the nature of his work. She further stated that accused No. 1, who is her brother-in-law, used to make obscene gestures towards her. It was further alleged that, on a particular day, an altercation took place and, during the course of the said altercation, the accused persons, including the present petitioners, allegedly threw acid on her body, as a result of which she sustained injuries. 4. The learned counsel for the petitioner submits that the victim subsequently had stated before the Trial Court when application of bail were moved by the petitioners that the FIR was lodged due to misunderstanding . 5. Mr. R. J. Baruah, the learned APP on the other hand submits that, the Case Diary be called in order to see the complicity of the petitioners. 6. Upon consideration of the submissions made by the learned counsels, more so in view of the fact that specific allegations were made against the accused no. 1, arrayed as such in the FIR and also due to the fact that the victim had stated before the Trial Court that FIR was lodged on misunderstanding, as stated above, this Court enlarges the petitioners on pre- Page No.# 3/3 arrest bail on furnishing of a bail bond of Rs. 20, 000/- (Rupees Twenty Thousand) each with one surety each of the like amount to the satisfaction of the Arresting Authority under the following conditions: i) The petitioner shall appear before the IO within 10 days from the date of the order and thereafter as and when call for. (ii) The petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the alleged case; and (iii) The petitioners shall not leave their residence without prior permission of the Arresting Authority. 7. The AB Application stands disposed of. JUDGE Comparing Assistant