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2026 DAILYLAW 6278 (GAU)

PUSPA DEKA v. THE STATE OF ASSAM AND ANR

AB/973/2026 · 2026-05-12

Parthivjyoti Saikia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010092212026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/973/2026 PUSPA DEKA SON OF LATE BABUL CH. DEKA RESIDENT OF AMINGAON, LATHIA BAGICHA, NEAR IIT,P.O. AND P.S. AMINGAON, GUWAHATI,KAMRUP, ASSAM, PIN-781031 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SRI DISANTA CHETIA PROPRIETOR OF M/S DISANTA CHETIA SON OF LATE GOBIN CHETIA RESIDENT OF LACHIT NAGAR WARD NO. 11 P.O.AND P.S. SIVASAGAR DIST. SIVASAGAR ASSAM PIN-78564 Advocate for the Petitioner : MR. T N DAS, MS JUTISMITA DAS,MR KRISHNANGSHU B Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.05.2026 Heard the learned counsel Ms. J Das appearing for the petitioner. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of NI Case No. 30/2021 pending in the court of the learned Additional Chief Judicial Magistrate, Sivasagar. 3. The petitioner Puspa Deka was absent in the trial court and therefore, the trial court directed issue of Non-Bailable Warrant of Arrest against him. In support of the said statement the petitioner has shown some medical grounds. 4. After considering the submissions made by the learned counsel of both sides, this Court is of the opinion that the petitioner deserves to be given some opportunities to contest the case before the trial court. 5. Therefore, his bail application is allowed. . 6. The Warrant of Arrest issued against the petitioner shall be recalled. 7. The petitioner is directed to appear before the court of the learned Additional Chief Judicial Magistrate, Sivasagar within next 15 days from today. On his appearance, the petitioner, Puspa Deka shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Sivasagar. 8. Ms. Das submits that because of the medical conditions the petitioner is unable to appear before the trial court on each and every date of hearing. She therefore prays that the petitioner may be given some opportunity so that he can appear before the trial court through Video Conferencing. 9. To that effect, the petitioner is adviced to move the trial court. If the trial court refuses the prayer of the petitioner, he shall have the liberty to approach this Court again. Page No.# 3/3 With the aforesaid direction, the Anticipatory Bail Application is disposed of. JUDGE Comparing Assistant