Page No.# 1/5 GAHC010133702026 2026:GAU-AS:9522 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1768/2026 SMTI NAMITA RAJBONGSHI AND 2 ORS. W/O SRI MRIDUL RAJBONGSHI 2: SRI MRIDUL RAJBONGSHI ALIAS NIDUL RAJBONGSHI SON OF GOHAN RAJBONGSHI BOTH ARE RESIDENT OF VILL- PUB MALOIBARI. 3: SMTI. ANU M ALLIK ALIAS ASHU MALLIK W/O AKHIL MALLIK RESIDENT OF VILL- NIZ DIMORIA ALL ARE P.S. KHETRI DIST. KAMRUP (METRO) ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 13.07.2026 Heard Mr N J Dutta, learned counsel appearing for the accused applicants. Also heard Mr K Baishya, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/5 2. This is an application under Section 483 of the BNSS, 2023, praying for bail of the accused applicants, namely, 1) Smti Namita Rajbongshi, 2) Sri Mridul Rajbongshi @ Nidul Rajbongshi, and 3) Smti Anu Mallik @ Ashu Mallik, in connection with Khetri PS Case No. 43/2026, under Section 103(1) of the BNS, 2023, added Section 238(a) of the BNS, 2023. 3. The brief facts of the case are that on 05.06.2026, the informant, Smt Ashapurna Mandal lodged an FIR before Khetri Police Station, alleging that on 03.06.2026, at around 03:00 pm, her daughter, namely, ‘X’, left the house saying that she was going to the market. However, since she did not return home by the evening, the family members started searching for her. It was alleged that through reliable sources, they learnt that accused, Bipul Mallik was seen by the villagers with her daughter in the market area in the evening. It was alleged that on 04.06.2026, at around 10:00 pm, the family members received a news from the local people that a dead body was found in the paddy field at Gaon Dimoria. On receiving the information, they went to the spot and identified the dead body to be the daughter of the informant and they found several stabbing marks of physical assault and injury on the neck and stomach of the victim girl. It was alleged that the accused trapped the daughter of the informant on the false promises and took her to a secretive place and murdered her. It was also alleged that about 10 months ago, the accused developed a love affair with the victim girl under false promises and made her pregnant and consequently, a case was registered at Khetri Police Station, i.e., Case No. 60/2026, under Section 64 (2) (m) of the BNS, 2023, read with Section 6 of the POCSO Page No.# 3/5 Act. It was alleged that the accused was sent to judicial custody, but after being released on bail, the accused harboured the resentment and accordingly, planned his offence of committing murder of the daughter of the informant out of revenge. On receipt of the FIR, the Police registered Khetri PS Case No. 43/2026, under the aforementioned Sections. 4. Mr N J Dutta, learned counsel for the applicants, submits that the accused applicant No. 1 is the sister of the main accused, i.e., Bipul Mallik and the accused applicant No. 2, is the brother-in-law of the main accused and accused applicant No. 3 is the mother of the main accused. He submits that the accused applicants are no way linked to the alleged commission of offence by the main accused, namely, Bipul Mallik. He submits that only due to suspicion and being the family members of the accused person, they have been arrested by the Police for no fault of theirs. He submits that the accused applicants were arrested on 12.06.2026 and for the last 32 days, the accused applicants are behind the bars. He submits that the accused applicant No. 1 is a mother of 4 ½ years old child and presently, the child is in the custody of his grandfather and due to the aforesaid fact, the accused applicant as well as the family members, including the accused applicant Nos. 2 and 3 are going through lots of problems. He submits that the accused applicants are responsible citizens and going to fully cooperate with the investigation in the instant case. Therefore, he prays for granting bail to the accused applicants. Page No.# 4/5 5. Mr K Baishya, learned Additional Public Prosecutor submits that the main accused, namely, Bipul Mallik was involved in a POCSO case earlier and after his release, he had committed the murder of the victim girl out of revenge. He submits that the present accused applicants being the family members are also involved in shielding the main accused in the instant case and there are lots of possibilities that in the event of their release, they may try to influence the witnesses involved in the instant case, and, therefore, he opposes the bail application. 6. This Court has heard the submissions made by the learned counsel for the respective parties as well as perused the Case Diary that has been produced before this Court. 7. Taking into account the entire facts of the case as well as the possibility and prima facie involvement of the accused applicants in the commission and in any way supporting the main accused, this Court is of the considered opinion that the accused applicants should be granted bail at this stage as they have already spent more than a month behind the bars. Accordingly, it is directed that the above named accused applicants, shall be released forthwith on bail on furnishing bail bond of Rs. 30,000/- each, with one surety of the like nature to the satisfaction of the learned CJM, Kamrup (Metro), subject to the following conditions that- (i) the accused applicants shall fully cooperate with the investigation and make themselves available as and when called for by the Investigating Officer. Page No.# 5/5 (ii) the accused applicants shall not try to influence or intimidate any of the witnesses that may be involved in the instant case. 8. In terms of the aforesaid directions, the instant bail application is disposed of. 9. Case Diary be returned. JUDGE Comparing Assistant