AMON PAUL ALIAS SAYAN PAUL AND ANR v. THE STATE OF ASSAM
Bail Appln./327/2026 · 2026-02-24
Mitali Thakuria
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5061 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5061 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010020352026
2026:GAU-AS:2903
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./327/2026 AMON PAUL ALIAS SAYAN PAUL AND ANR SON OF LATE NISHI CHANDRA PAUL, RESIDENT OF VILLAGE THAILO COLONY, P.O. THAILOO T.E., P.S. JOYPUR, DIST. CACHAR, ASSAM 2: APARNA PAUL WIFE OF LATE NISHI CHANDRA PAUL RESIDENT OF VILLAGE THAILO COLONY P.O. THAILOO T.E.
P.S. JOYPUR DIST. CACHAR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S D PURKAYASTHA, J P BAISHYA,MR. JITU SAIKIA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 25-02-2026
Heard Mr. S. D. Purkayastha, the learned counsel for the petitioners. Also
Page No.# 2/4 heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioners are behind bars since 11.08.2025 and 14.08.2025 in connection with Sessions Case No. 26/2026 pending in the Court of learned Sessions Judge, Cachar, Silchar [corresponding to G.R. No. 140/2025 (PRC No. 157/2025) and Joypur Police Station Case No. 22/2025]. 3. Scanned copy of the TCR along with Case Diary received. Perused the same. 4. It is submitted by Mr. Purkayastha, the learned counsel for the petitioners that the present accused/petitioners are innocent and they have not committed any such offence as alleged in the FIR. Entire case is based on some circumstantial evidence. Admittedly, the victim died for sharp injury sustained by her on her neck. But, these petitioners are not involved in the alleged offence. He further submitted that in the enquiry also it has come that the petitioner no. 2, who is the mother-in-law of the victim as well as the mother of the petitioner no. 1 only admitted her guilt to save her son i.e. the petitioner no. 1. He further submitted that being a lady her matter may be considered at this stage. However, she is ready and willing to contest the case by appearing before the learned Trial Court below on each and every date to be fixed by the Court. Mr. Purkayastha further submitted that charge has already been framed against these two petitioners on 04.02.2026. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that there are sufficient materials against these two accused/petitioners
Page No.# 3/4 and there are also materials available wherefrom it is seen that they used to inflict mental and physical torture on the deceased and on the day of incident she was brutally killed. However, he submitted that initially the guilt was admitted by petitioner no. 2 who is the mother of petitioner no. 1. But, subsequently during investigation it has come to the light that out of the quarrel the petitioner no. 1 killed the deceased.
But, it is submitted that till date no evidence is recorded and hence there is probability of hampering or tampering with the eye-witnesses or other evidences of the PWs and accordingly he raised objection in allowing the petitioners to go on bail at this stage. 6. Hearing the submissions made by learned counsel for both sides and considering all other circumstances of this case, this Court is of opinion that petitioner no. 2. namely, Smt. Aparna Paul may be allowed to go on bail at this stage. However, prayer for the petitioner no. 1, namely, Sri Amon Paul @ Sayan Paul is not considered at this stage. 7. Accordingly, the accused/petitioner no. 2. namely, Smt. Aparna Paul be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned learned Sessions Judge, Cachar, Silchar subject to the following conditions:- (i) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the
facts of the case so as to dissuade him/them from disclosing such
facts to the Court or to any police officer; and (ii) that the petitioner shall not leave the jurisdiction of the learned Sessions Judge, Cachar, Silchar without prior permission.
Page No.# 4/4 The Bail Application stands disposed of. JUDGE Comparing Assistant