Page No.# 1/4 GAHC010072942026 2026:GAU-AS:5565 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1008/2026 GAUTAM ROY SON OF LATE PRABIR KANTI ROY RESIDENT OF VILL- DAKHINGRAM, P.O. AND P.S. SRIBHUMI, PIN CODE- 788710, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, GOVT.OF ASSAM 2:PAPPU DAS S/OLATE PRADIP DAS RESIDENT OF VILL- LAMAJUAR P.S. AND P.O. JOBAINPUR PIN CODE- 788713 DIST. SRIBHUMI ASSAM Advocate for the Petitioner : MR. S NATH, R SAHA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 23.04.2026. Heard Mr. S. Nath, learned counsel for the petitioner. Also heard Mr. K. Page No.# 2/4 Baishya, learned Addl. P.P., Assam appearing on behalf of the State respondent. This is an application under Section 483 of BNSS, praying for grant of bail to the accused/petitioner, namely, Gautam Roy who has been in custody since 13.12.2025, in connection with Sessions Case No. 42/2026, arising out of Sribhumi P. S. Case No. 514/2025, which is pending before the Court of learned Addl. District & Sessions Judge (FTC), Sribhumi. The scanned copy of the Trial Court record along with the case diary has already been received and perused the same. It is submitted by Mr. Nath, learned counsel for the petitioner that the accused/petitioner is innocent and he has not committed any such offence as alleged in the FIR. However, it is a fact that the victim was suffering from some psychiatric problems and out of which she might be committed suicide but the present petitioner is no way connected with the alleged offence. Further Mr. Nath, the learned counsel submitted that in the FIR, there was some allegations of demand of dowry but no FIR was lodged earlier by the informant or the victim in her lifetime alleging any demand of dowry. He further submitted that there is none to look after the only child and the old ailing mother of the petitioner in his absence and hence, considering this aspect also he may be released on bail. The accused petitioner is already behind the bar since 13.12.2025 for last 132 days and the case has already been charge sheeted and hence, there is no question of hampering or tempering with the prosecution evidence at this stage. However, the accused petitioner will regularly appear and contest the case, if he is granted with the privilege of bail. Page No.# 3/4 Mr. Baishya, the learned Addl. P.P., Assam submitted in this regard that from the post mortem report as well as the FSL report it is seen that the case is of suicidal death and initially the case was registered under Section 82 of the BNS, 2023 i.e. the dowry death but after investigation, the case is charge sheeted under Section 108 of the BNS, 2023 with the allegation of abetment of suicide. He further submitted that the next date is fixed on 05.05.2026 for framing of charge and till date no evidence has been recorded by the prosecution and there are as many as 24 numbers of witnesses, whose statements were already recorded by the I.O. during investigation but most of the witnesses are the neighbours of the accused petitioner/ victim. Hearing the submissions made by the learned counsels for both sides, I have also perused the trial court record as well as the case diary and considering all these aspects of the case including the submissions of learned counsel for both sides, vis-à-vis the length of detention already undergone by the accused petitioner, I find that further custodial detention may not be required for the purpose of trial. In view of this, I find it to be a fit case wherein the privilege of bail can be extended to the present accused petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with one surety of like amount, to the satisfaction of the learned Addl. District & Sessions Judge (FTC), Sribhumi, the accused petitioner, namely, Gautam Ray be enlarged on bail, subject to the following conditions: (i) that the petitioner shall not, directly or indirectly, make any Page No.# 4/4 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (ii) that the petitioner shall not leave the jurisdiction of the learned Addl. District & Sessions Judge (FTC), Sribhumi, without prior permission, and (iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card before the learned Addl. District & Sessions Judge (FTC), Sribhumi. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant