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2026 DAILYLAW 9455 (GAU)

JUMI BAYAN v. THE STATE OF ASSAM

AB/1471/2026 · 2026-07-14

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010133452026 2026:GAU-AS:9640 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1471/2026 JUMI BAYAN WIFE OF- KULADEEP BAYAN. RESIDENT OF- VILLAGE- TITKA GARIA WARD NO-. 8 P.O. AND P.S- PATHSALA DISTRICT- BAJALI ASSAM, PIN- 781325. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR G DEKA, MR R CHETRY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 15.07.2026 Heard Mr G Deka, learned counsel appearing for the accused applicant. Also heard Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023, praying for granting anticipatory bail to the accused applicant, namely, Jumi Bayan, in connection with Page No.# 2/3 Pathsala PS Case No. 42/2026, subsequently, registered as GR Case No. 110/2026, under Sections 61(2)/77/388(2)/351 of the BNS, read with Section 66(E)/67(a) and 67 of the Information Technology Act, 2020. 3. The gist of the case is that on 25.05.2026, the informant lodged an FIR, alleging inter alia that after the death of one Late Nipu Deka, certain photographs and videos relating to her were circulated and misused by an unknown person. She further alleged that one person using mobile number 60023 31137 and Instagram id gitu_0112 sent her obscene photographs and videos through WhatsApp and Instagram and threatened to make the contents viral on social media and demanded money by sending a UPI QR Code for payment. On receipt of the FIR, the Police registered Pathsala PS Case No. 42/2026 under the aforementioned Sections. 4. Mr Deka, the learned counsel for the accused applicant submits that the mobile phone of the accused applicant has already been seized by the Police and that has been sent to the FSL for a report. He submits that she is not linked to the instant case and she is having a child of 18 months. Therefore, at this stage, taking into account that the accused applicant is a lactating lady, she should be allowed to go on pre-arrest bail. He submits that she will cooperate with the investigation. 5. Taking into account the entire facts of the case and considering the submissions made by the learned counsel for the accused applicant, this Court is of the considered opinion that the accused applicant should be granted pre-arrest bail at this stage. Page No.# 3/3 Accordingly, it is directed that in the event of arrest of the above named accused applicant by the arresting authority in connection with Pathsala PS Case No. 42/2026, she shall be released on pre-arrest bail by the arresting authority, on furnishing a bail bond of Rs. 30,000/-, with one surety of like nature to the satisfaction of the arresting authority, subject to the following conditions that:- i) the accused applicant shall appear before the Investigating Officer within a period of 10 (ten) days from passing of this order; ii) the accused applicant shall fully cooperate with the investigation and make herself available as and when called for by the Investigating Officer; and iii) the accused applicant shall not try to tamper or hamper any witness or evidence that may be connected in the instant case. 6. In terms of the above directions, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant