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2026 DAILYLAW 9230 (GAU)

KANLORA DAS v. THE STATE OF ASSAM

Bail Appln./1838/2026 · 2026-06-29

Anjan Moni Kalita

body2026

Judgment text

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Page No. 1/4 GAHC010135502026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1838/2026 KANLORA DAS S/O- JOYRAM DAS, R/O- JARIKUCHI, P.S.- SONAPUR, DIST- KAMRUP METRO, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, GOVERNMENT OF ASSAM. Advocate for the Petitioner : MR Z RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 30.06.2026 Heard Mr. Z. Rahman, learned counsel appearing for the accused- applicant. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicant, namely, Kanlora Das in connection with Sonapur Police Station Case no. 25/2026, registered under Sections Page No. 2/4 103[1]/126[2]/189[1]/191[2]/191[3]/238 of the BNS, 2023. 3. On 02.04.2026, a First Information Report [FIR] was lodged before the Officer In-Charge, Sonapur Police Station by one Juli Chouhan alleging, inter alia, that on 01.04.2026 at about 05-00 p.m., she went to her elder sister’s house at Kendubasti by bicycle to stay for the night as her son was in love relation with one ‘X’ and they had been in contact for a long time; that the aforesaid ‘X’ threatened her that if she does not bring her son then she would commit suicide; that accordingly, on 01.04.2026 at about 11-00 p.m., her son went to the house of the aforesaid ‘X’ at Jarikuchi without informing her sister; that the accused persons allegedly physically assaulted the informant’s son with sharp weapons and bamboo sticks and thereafter, he was thrown near railway line at Jarikuchi; that later on with the help of the Police, her son was recovered and admitted at Sonapur District Hospital and later on at GMCH; that however, on 02.04.2026, her son succumbed to his injuries at GMCH. On receipt of the aforesaid FIR, the Police registered the Sonapur Police Station Case no. 25/2026 under the afore-mentioned sections. 4. Mr. Rahman, learned counsel appearing for the accused-applicant submits that the accused-applicant is nowhere involved with the instant case and he was not at the place of occurrence at the time when the alleged incident happened. He submits that though several persons have been named in the FIR, his name has not been mentioned in the FIR and there was no specific allegation against the accused-applicant. He further submits that the accused-applicant has already spent 87 days behind the bars, therefore, at this stage, he should be allowed to go on bail. He submits that some similarly situated persons who are Page No. 3/4 also not named in the FIR, had approached this Court by filing a bail application, Bail Application No. 1460/2026 and a coordinate bench of this Court had granted bail after perusal of the case diary. In view of the above, he submits that the accused-applicant should be also granted bail. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, Assam appearing for the State respondent submits that without perusing the case diary, the accused-applicant should not be granted bail at this stage. 6. After hearing the submissions made by the learned respective counsel; also on perusal of the materials brought on record; and also taking into account of the fact that he is already behind the bars for last 87 days, this Court is of the considered opinion that the accused-applicant should be granted bail at this stage. Accordingly, it is directed that the accused-applicant shall be released forthwith from jail on furnishing bail bond of Rs. 30,000/-, with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup [Metro], subject to the following conditions :- [i] that the accused-applicant shall make himself available for interrogation by the Investigating Officer as and when required; and [ii] that the accused-applicant shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 7. In terms of the aforesaid directions, the instant bail application is disposed Page No. 4/4 of. JUDGE Comparing Assistant