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2026 DAILYLAW 2066 (GAU)

JADAB DAS v. THE STATE OF ASSAM

AB/343/2026 · 2026-02-17

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010030082026 2026:GAU-AS:2409 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/343/2026 JADAB DAS S/O BALRAM DAS R/O MAJIUKUCHI, KOIBARTA GAON, DERGAON, P.S. DERGAON, DIST. GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18.02.2026 1. Heard Mr. M. Biswas, the learned counsel for the accused applicant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of pre-arrest bail to the accused applicant in connection with Dergaon P.S. Case No. 116/2025, under Section 329(1), 296, 118(2), 109(1), 49, 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged on 14.11.2025 by one Smti. Madhobi Das, alleging that on 13.10.2025 at around 9:30 a.m., a resident and neighbour of their village, namely Shri Basanta Das, was cutting some bamboo trees located on their premises without their knowledge. It was alleged that when he was confronted by the informant’s daughter-in-law, she was attacked by the aforesaid Basanta Das by hurling some abuses and thereby caused grievous injuries on her left palm, thumb and the both hands. It was alleged that the father of the Basanta Das, i.e. Sri Jadab Das, has instigated him to attack his daughter-in-law. Later on his daughter-in-law was taken to the hospital and she is being treated in the Dribrugarh Medical College at the stage. 4. Mr. M. Biswas, the learned counsel for the accused applicant submits that there is no allegation of any use of any force or weapon by the present accused applicant in the whole incident and the incident, in fact, occurred due to certain misunderstandings between the two neighbors. He submits Page No.# 3/4 that since the accused applicant’s name has appeared in the FIR and he is apprehended arrest, therefore, he is prays this court for granting anticipatory bail to him. 5. Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam, opposes the prayer of bail submitting that there is an allegation of instigation by the accused applicant to his son to attack the daughter-in-law of the informant. 6. This Court has heard the submissions made by the counsel appearing for the respective parties and is of the considered opinion that the accused applicant should be granted privilege of anticipatory bail at this stage. Accordingly it is directed that in the event of his arrest by the investigating authority in connection with the Dergaon P.S. Case No. 116/2025, he shall be released on furnishing of bail bond of Rs. 20,000/- with a surety of like nature to the satisfaction of the arresting authority subject to the following conditions: a) That the accused applicant shall appear before the Investigating Officer within a period of 10 days of passing of this order. b) The accused applicant shall co-operate with the investigation Page No.# 4/4 and shall appear before the Investigating Officer as and when call for. c) The accused applicant shall not influence any of the witnesses in the instant case in any manner, whatsoever. 7. In view of the aforesaid directions, the instant AB application is disposed of. JUDGE Comparing Assistant