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2026 DAILYLAW 9779 (GAU)

NAJIMA KHATUN v. THE STATE OF ASSAM

Bail Appln./1829/2026 · 2026-07-20

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010135662026 2026:GAU-AS:9966 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1829/2026 NAJIMA KHATUN W/O SAIFUL ISLAM R/O VILL. SONARIBALI, WARD NO. 22 P.O. HAIBARGAON, P.S. SAMUGURI DIST. NAGAON, ASSAM PIN-782140 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : DARAK ULLAH, DEBAKSHI BORA,MR M RAHMAN,SABRISH AHMED Advocate for the Respondent : PP, ASSAM, MS A HUSSAIN (FOR INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 21.07.2026 1. Heard learned Counsel Mr. S.Ahmed for the petitioner Najima Khatun who has filed this application under Section 483 of the BNSS, 2023 with a prayer for bail as she is behind bars since 09.06.2026 in connection with Samuguri PS Case No. 152/2026 under Sections 108/3(5) of the BNS Act. 2. It is submitted on behalf of the petitioner that it is not possible that a Page No.# 2/3 mother would be involved in abetting her daughter to commit suicide. 3. Heard learned counsel Ms. A. Hussain appearing for the informant Rofiqul Islam who has filed an affidavit marked as Annexure-3 of the petition, stating that the FIR was lodged on misinformation. He heard about the incident and on misinformation he had lodged the FIR against the petitioner and her co- accused. 4. Learned Addl.Public Prosecutor Mr. P.S. Lahkar is present for the respondent State and has raised objections stating that the case relates to loss of life of the victim and the allegation against the petitioner is of serious nature. The victim committed suicide after she was assaulted by her mother as alleged in the FIR. 5. I have considered the submissions at the bar with circumspection. 6. Case Diary is not received. 7. I have considered the length of detention. It appears that investigation may have also progressed to a certain extent. It appears that bail may be granted to the petitioner. 8. Considering entire aspect of the matter, the petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the learned Illaqa Magistrate. 9. In terms of the above observations, the bail application stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant