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2026 DAILYLAW 6725 (GAU)

JOYDEB SARKAR v. THE STATE OF ASSAM

AB/350/2026 · 2026-05-26

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010011122026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AB/350/2026 JOYDEB SARKAR S/O BIREN SARKAR R/O VILL HATIGARH NO 2 PO RAJAPARA PS KOCHUGAON DIST KOKRAJHAR ASSAM PIN 783360 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR J ISLAM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.05.2026 Heard Mr. J Islam, the learned counsel appearing for the petitioner and Mr. P Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of anticipatory bail to the petitioner, namely, Joydeb Sarkar in respect of Kachugaon P.S. Case No.25/2025. 3. The petitioner had a history of marital discord with his wife. It is alleged in the FIR lodged by the family members of the wife of the petitioner stating that the petitioner had forcibly administered poison to his wife, as a result of which, she died. 4. The toxicological report available in the case diary shows that the victim consumed poison and she died in the hospital after seventeen days. The record shows that the petitioner, being the husband of the victim, was always present with the victim. 5. After going through the materials available in the case diary, there are no materials to suggest that the petitioner was the husband, who actually administered poison to his wife. 6. I have considered the submissions made by the learned counsels of both sides. 7. This Court is of the opinion that the petitioner does not deserve to be detained in custody. 8. Therefore, the pre-arrest bail application of the petitioner is allowed. 9. It is hereby directed that in the event of arrest in connection with Page No.# 3/3 Kachugaon P.S. Case No.25/2025, the petitioner, namely, Joydeb Sarkar shall be released on bail of Rs.25,000/- to the satisfaction of the arresting authority. 10. With the aforesaid direction, this pre-arrest bail application stands disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant