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2026 DAILYLAW 17216 (GAU)

JAYANTA KURMI v. THE STATE OF ASSAM

AB/2682/2024 · 2026-01-06

Pranjal Das

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010211042024 2026:GAU-AS:236 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2682/2024 JAYANTA KURMI S/O SUREN KURMI, ADDRESS- HALMIRAH, GOLAGHAT, ASSAM PIN-785621 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. FIRUZ KHAN, RHITUSHREE TALUKDAR,MR. ABHIJIT MENA,MR U CHAUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 07.01.2026 Heard Mr.A. Mena, learned counsel for the petitioner and Mr. D.P.Goswami, learned Additional Public Prosecutor for the State. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023, whereby the petitioner, namely, Jayanta Kurmi, has prayed for granting pre-arrest bail, apprehending arrest in connection with Golaghat P.S. Case No. 190/2024 under Section 103(1)/3(5) of BNS, 2023. 3. The FIR dated 20.09.2024 lodged by the informant Janmoni Baruah alleged to be the second wife of the deceased Jaladhar Kurni stay in a separate accommodation in Golahat. One day while her husband came to give her house rent, his elder son Bitupan Kurmi and nephew who is the present petitioner assaulted her husband and as a result of which her husband died. 4. The case diary was once received, but it was sent back for updation and also for FSL report. The bail petition has been pending since January 2025, and for last several weeks the case diary which was called for was not received. On 17.12.2025, fresh reminder was sent for case diary along with FSL report and in paragraph-7, the I.O was also directed to submit a written explanation as to why the case diary has not been received, despite lapses of so many dates and as a result of which, the bail petition remained pending. However, no such explanation has been received from the I.O. nor any communication is received as to why he could not furnish any explanation. The I.O. has merely intimated the prosecution through a written communication that investigation has been completed in the case. Though the petitioner is named in the FIR but considering the fact that investigation is complete and the bail petition has been pending for a long time, I am not inclined to keep it pending and therefore, I allow the bail petition. 5. The petitioner was granted interim bail by order dated 02.05.2025. The interim pre-arrest bail is hereby made absolute subject to the following conditions: 1. He shall be available for trial, Page No.# 3/3 2. The petitioner shall not hamper or tamper with the evidence in any manner. 3. He shall not in any manner intimidate or influence or harass the witnesses. 6. The anticipatory bail petition stands disposed of. JUDGE Comparing Assistant