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2026 DAILYLAW 589 (MEG)

QUEEN BORUAH GOGOI v. THE STATE OF MEGHALAYA AND ANR.

BA/71/2026 · 2026-08-17

W Diengdoh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Serial No. 04 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG BA. No. 71 of 2026 Date of Decision: 17.08.2026 Queen Boruah Gogoi Aged about 32 years, Wife of Mridupaban Gogoi, Resident of Near Juria Namghar, Borphukankhat P.S. Bamborahi, District Golaghat, Assam Pin – 785702. …….. Petitioner - Vs- 1. The State of Meghalaya, represented by Superintendent of Police, West Garo Hills, Tura, Meghalaya. 2. Officer-in-Charge, Tura Police Station, West Garo Hills, Meghalaya. ..…… Opposite Parties Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Mr. N.K. Gupta, Adv. with Ms. M. Surong, Adv. For the Respondent(s) : Ms. I. Lyngwa, GA. vice Mrs. N.G. Shylla, Sr. GA. i) Whether approved for reporting in Yes/No Law journals etc.: 2026:MLHC:896 2 ii) Whether approved for publication in press: Yes/No JUDGMENT AND ORDER (ORAL) 1. Ms. I. Lyngwa, learned GA appearing on behalf of the State respondent, has candidly submitted that on being instructed, it is known that the charge sheet has not yet been filed even after the mandatory period for filing of the same is over. Accordingly, there is no objection for default bail to be granted to the accused, Mridupaban Gogoi, who is the husband of the petitioner. 2. On submission made by Mr. N.K. Gupta, learned counsel for the petitioner, since the question of default bail is to be considered, the charge sheet not having been filed even after the mandatory period is over, therefore, in terms of the relevant provision of the law, the accused person in question is entitled to be granted default bail. This is also based on the authority cited by the Hon’ble Supreme Court in the case of Rajesh Kumar Paul v. State of Assam reported in (2017) 15 SCC 67. 3. In view of the above, the accused husband of the petitioner herein is hereby directed to be released on default bail, provided he is not in custody in any other case, on the following conditions: i) That he shall not abscond or tamper with the evidence or witnesses; ii) That he shall attend court as and when called for; 2026:MLHC:896 3 iii) That he shall not leave the jurisdiction of Meghalaya and Assam, except with due permission of the court concerned; and iv) That he shall bind himself on a personal bond of ₹ 50,000/- (Rupees fifty thousand) only with one surety of like amount to the satisfaction of the Trial Court. 4. In view of the above, this petition is disposed of accordingly. No costs. 5. Let copy of this order be issued upon the Superintendent, District Prisons and Correctional Home, West Garo Hills, Tura for compliance. Judge 2026:MLHC:896 Digitally signed by DARIKORDOR NARY Date: 2026.08.17 17:31:41 IST