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2026 DAILYLAW 862 (GAU)

AYON CHOWDHURY v. THE STATE OF ASSAM

Bail Appln./323/2026 · 2026-02-03

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010021552026 2026:GAU-AS:1490 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./323/2026 AYON CHOWDHURY SON OF SRI ARUN CHOWDHURY PERMANENT RESIDENT OF H/NO. 146, NEW COLONY, RICHAL, NEAR GIF GATE NO. 2 P.S. ADHARTAL, DIST. JABBALPUR,STATE - MADHYA PRADESH. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR E AHMED, MR. R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 04.02.2026 Heard Mr. E. Ahmed, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Ayon Chowdhury, praying for grant of bail Page No.# 2/3 in connection with Sessions (Special) Case No. 04/2025 under Section 103(1)/3(5)/70(1)/61(2)(a) of BNS r/w Section 3(2)(v-a)/3(2)(v-a) of SC & St (PoA) Act, 1989 (arising out of Umrangso P.S. Case No. 17/2025). 3. The case arose out of an FIR lodged by the son of the deceased with the allegation that some unknown persons have killed his mother. 4. It is submitted by the learned counsel for the petitioner that the petitioner was granted interim bail by the learned court below for his examination and thereafter, he voluntarily surrendered before the court and never misused the bail conditions; that, the police did not do CDR analysis with regard to the petitioner like it has been done in case of the main accused Hanse; that, the petitioner is not at all involved in the alleged offence; that, investigation has falsely implicated him and charges have been framed mechanically. It is also submitted that the petitioner has been married only one year back and his wife lives alone and that, it will be hamper in his defence, if he remains in detention during trial. It is further submitted that most of the witnesses with regard to him are hearsay. 5. Upon perusing the charge sheet, I find that as many as 43(forty three) witnesses are listed there. Though, charges have been framed, but considering the number of prosecution witnesses and the fact that the first date for prosecution evidence is fixed on 16.02.2026, the process of trial would take a while. 6. Considering the stage of the case and the considerable length of pre-trial detention already undergone by the petitioner till date; I am of the considered view that despite the contention of the prosecution, the petitioner can be granted bail at this stage, subject, however, to suitable Page No.# 3/3 conditions to address concerns regarding the integrity of evidence and of witnesses. 7. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Sessions (Special) Case No. 04/2025 under Section 103(1)/3(5)/70(1)/61(2)(a) of BNS r/w Section 3(2)(v-a)/3(2)(v-a) of SC & ST (PoA) Act, 1989 (arising out of Umrangso P.S. Case No. 17/2025), on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court ( Sessions Judge, Dima Hasao, Haflong). 8. The direction for bail is further subject to the following conditions: (i) he shall not in any manner intimidate, harass or harm the informant and his family members; (ii) he shall not in any manner try to intimidate or harass or influence witnesses; and (iii) he shall not misuse his liberty to commit any offence or illegal activities. 9. Violation or breach of any condition(s) shall entail cancellation of bail. 10. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant