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2026 DAILYLAW 3501 (GAU)

NOMI BAILUNG v. THE STATE OF ASSAM

AB/368/2026 · 2026-02-19

Anjan Moni Kalita

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010034112026 2026:GAU-AS:2613 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/368/2026 NOMI BAILUNG D/O BIKRAM BAILUNG, R/O VILLAGE DULIAJAN, INDRAPURI, L.P.G ROAD, RLY STATION P.SDULIAJAN, DISTRICT DIBRUGARH, ASSAM 781102 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MS A ROY, MS. R BHARGAV,S SHAHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 20.02.2026 1. Heard Ms. A. Roy, learned counsel for the accused applicant. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. This is an application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023 in FIR dated 12.11.2025 registered as Duliajan PS Case No. 1965/25 registered under Section 108 BNS. 3. An FIR was lodged on 12.11.2025 by one Ajay Baruah, alleging that his brother, Nitumoni Baruah, aged about 29 years, committed suicide on 23rd October, 2025. It was alleged that the reason for his brother’s death was mental harassment by the accused applicant, who constantly pressured him to take the extreme step. It was further alleged that certain objectionable messages were found on his phone, which point towards the accused applicant for mentally pressurizing him. 4. It was also alleged that the informant’s brother had been in a relationship with the accused applicant for the last one year and that she had been continuously and falsely accusing him of having a relationship with another girl. It was alleged that ten days prior to the suicide, he attempted to take his life by consuming sleeping pills; however, he survived. It was further alleged that the accused applicant went to the hospital where he was undergoing treatment and harassed him there as well. 5. On receipt of the FIR, the police registered Duliajan P.S. Case No. 196/2025 under Section 108 of the BNS Page No.# 3/4 6. The learned counsel for the accused applicant submits that the accused applicant is a married woman and was not in any relationship with the victim. She submits that the victim was pursuing her to enter into a relationship, but she refused, as she was already married, though living separately. She further submits that there is no evidence of abetment of suicide by the accused applicant in the instant case. 7. She also submits that the incident occurred on 23.10.2025, whereas the FIR was lodged at a much belated stage on 12.11.2025. Therefore, she submits that the allegations made in the FIR are an afterthought and that the accused applicant, being a woman, should be granted pre-arrest bail at this stage. 8. On the other hand, the learned APP opposes the bail at this stage without perusing the case diary. 9. This Court, after hearing the submissions made by the learned counsel appearing for the respective parties and upon perusal of the materials brought on record, is of the considered opinion that, at this stage, the accused applicant should be granted the privilege of pre-arrest bail. Accordingly, it is directed that, in the event of arrest of the accused applicant by the Investigating Officer in connection with Duliajan P.S. Case No. 196/2025, she Page No.# 4/4 shall be released upon furnishing a bail bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: I. That the accused applicant shall appear before the IO within a period of 10 days of passing of this order. II. That the accused applicant shall co-operate with the investigation and make herself available before the IO as and when required. III. That accused applicant shall not try to influence any witnesses that may be involved in the instant case. 10. In view of the aforesaid directions, the instant bail application is allowed and disposed of. JUDGE Comparing Assistant