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2026 DAILYLAW 2833 (GAU)

CHANDRIKA JHA ALIAS PANDIT AND ANR v. THE STATE OF ASSAM

Bail Appln./484/2026 · 2026-03-15

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010030432026 2026:GAU-AS:3839 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./484/2026 CHANDRIKA JHA ALIAS PANDIT AND ANR S/O LATE GIRJA JHA R/O 1 NO. KOHORA, P.S. BOKAKHAT DIST. GOLAGHAT, ASSAM 2: SMTI. REKHA MUNDA W/O LATE JAMES NAYAK D/O LATE SOMBU BARAIK R/O 2 NO. KOHORA P.S. BOKAKHAT DIST. GOLAGHAT ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. N HASAN, MR. V PANDEY,MR SUBHRAJIT SAIKIA,MR. A HASAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 16.03.2026 1. Heard Mr. N. Hasan, learned counsel appearing for the accused petitioners Page No.# 2/3 as well as Mr. P.S. Laskar, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, Sri Chandrika Jha @ Pandit and Smti. Rekha Munda, praying for grant of bail in connection with Bokakhat P.S. Case No.09/2026 under Sections 103(1)/3(5) of the BNS Act. 3. The case arose out of an FIR dated 23/1/2026 lodged by one Bijoy Nayak with the allegation that the deceased, James Nayak was residing as a tenant in the rented house of one Chandrika Jha and latter started an extramarital relationship with Rekha Munda, wife of the deceased and that the deceased had warned both of them and later on the night of 21/1/2026 the accused persons named in the FIR killed him by strangulating. The present petitioners are named in the FIR. 4. The learned counsel submits that the victim might have died by suicide and that the petitioners denied any involvement in the alleged offenses. 5. The case diary is called for has been received. The IO has submitted a bail objection. 6. The learned Additional Public Prosecutor submits the some materials by way of CDR have been sent for forensic examination and that the investigation has revealed incriminating materials against the petitioners. It is submitted that at this stage, bail may not be given. Perused the note of the IO regarding the mobile phone of the deceased which was seized during the investigation purportedly contains some incriminating materials regarding planning for alleged murder. 7. I have perused the post-mortem report. In the bail objection, the IO has stated that though the PM report has stated about hanging, but the investigation materials has found implications about involvement of the accused persons, including the accused persons in the death of the victim. 8. I have given my consideration to the matter. Investigation is still going on. Therefore, at this stage, it may not be prudent to grant bail despite the length Page No.# 3/3 of detention so far. 9. Accordingly, the bail petition stands rejected at this stage. 10. Return back the case diary. JUDGE Comparing Assistant