Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010080562026
2026:GAU-AS:5922
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1103/2026 NITUL GOGOI S/O INDESWAR GOGOI, R/O 4 NO CHAPATOLI GAON, P.O. BOGADHAT, P.S.
TINGKHONG, DIST. DIBRUGARH. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR B P BORAH, MR. A KHANDAKAR,MISS. J GOGOI,MR P J DUTTA Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 29-04-2026 Heard Mr. B. P. Borah, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Nitul Gogoi in connection with
Page No.# 2/3 Tingkhong P.S. Case No. 15/2026 registered under Sections 326(g) of BNS,
2023. 3. It is submitted by Mr. Borah, learned counsel that there was a matrimonial dispute between the parties and with some false allegation the FIR has been lodged against the present petitioner. However, there is no allegation of torture, nor there is any medical report, but only material brought against him in the FIR is that he set fire the kitchen of their house. 4. He further submitted that the kitchen belongs to the petitioner and there may not be any reason to set fire the kitchen of his own house. However, the petitioner is in custody since last 58 days and hence, considering his length of detention, he may be released on bail. 5. Mr. Borthakur, learned APP submitted in this regard that the kitchen is also considered to be place where the properties are being kept and hence, he submitted that Section 326(g) attracts in the present case and accordingly insisted to call for the case diary. 6. Hearing the submissions made by the learned counsel for both sides, the materials in the case record and the length of detention already undergone by the petitioner, this Court is of the opinion that the I.O. got sufficient opportunity to interrogate the petitioner, keeping him in custody and hence, his further custodial interrogation may not be required for the purpose of investigation of the case and as such, I find it a fit case to extend the privilege of bail to the petitioner. 7. Accordingly, the accused/petitioner, namely, Nitul Gogoi, be released on bail in connection with Tingkhong P.S. Case No. 15/2026 registered under Sections 326(g) of BNS, 2023, on furnishing a bond of Rs.
25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned CJM, Dibrugarh subject to the following conditions:-
Page No.# 3/3 (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 8. With the above observation and direction, this bail application stands
disposed of.
JUDGE Comparing Assistant