Page No.# 1/3 GAHC010083532026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1127/2026 UDAY BHASKAR DEKA S/O KAMAL DEKA, R/O RAJDHANI NURSERY, UNDER DISPUR P.S. IN THE DIST. OF KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR C PHUKAN, MS. K PANDEY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 12 .05. 2026 Heard Mr. C. Phukan, learned counsel for the petitioner and Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with a prayer for release on bail as the petitioner Sri Uday Bhaskar Deka is behind the bars since 08.03.2026 in connection Dispur P.S. Case No. 130/2026 under Section 108 of BNS, 2023. Page No.# 2/3 3. It is submitted by Mr. Phukan, learned counsel for the petitioner that the petitioner is innocent and he is in no way connected with any such offences as alleged in the FIR. That apart, the marriage took place about 9 years ago but they have no issue and they are trying for IVF for a child. And for this reason, the victim had undergone some mental depression and on the day of incident also she made a video call stating that she is going to end her life and for which he rushed to house and took the victim to the hospital and admitted in ICU and was there with the victim. But she did not survive and thereafter, the FIR has been lodged with some concocted allegation. It is further submitted that the accused petitioner was arrested on 08.03.2026 and he is behind the bars for 64 days. The I.O. has got sufficient opportunity to interrogate the accused/ petitioner. However, the petitioner is still ready and willing to extend cooperation for further investigation. 4. Mr. Goswami, learned Addl. Public Prosecutor has submitted in this regard that post mortem report is available wherein one ligature mark as well as some contusion was found in the scalp of the victim and the FSL report is also negative showing no semen on her vaginal area. But one more report of FSL is still awaited and hence final opinion could not be given by the doctor. However, Mr. Goswami has submitted that there are sufficient incriminating materials against the present petitioner and as per witnesses, the victim might have committed suicide due to elicit relationship of the petitioner with a married women. 5 Considering the submissions made by the learned counsel for both side, I have also perused case diary and it is seen that some incriminating materials brought against the petitioner. However, it is seen that the petitioner is in custody for a period of 64 days and the I.O. has got sufficient opportunity to interrogate the petitioner. Considering all there aspects, this court is of the opinion that further custodial interrogation is not necessary for the interest of the investigation. 6. Accordingly the accused petitioner is allowed to go on bail on furnishing a bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, subject to the following conditions that:- (i) the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; Page No.# 3/3 (ii) 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 any other police officer, and (iii)the petitioner shall not leave the jurisdiction of the leaned CJM, Kamrup (Metro), Guwahati without prior permission. 7. The bail application is disposed of. 8. Return the case diary. JUDGE Comparing Assistant