Citation : 2026 Latest Caselaw 1035 Gua
Judgement Date : 10 February, 2026
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GAHC010024572026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./384/2026
MONJIL DUTTA
S/O MUNIN DUTTA
R/O SEUJPAR, WARD NO. 10, NEW AMOLAPATTY, GOLAGHAT, P.O. AND P.S.
GOLAGHAT, DIST. GOLAGHAT, ASSAM, PIN-785621
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR D J BORO,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
10-02-2026
Heard Mr. D. J. Boro, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor for the State respondent.
2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Monjil Dutta, who have been languishing in jail hazot since 01.01.2026 in connection with Golaghat P.S. Page No.# 2/3
Case No. 256/2025, registered under Sections 189(2)/191(2)/190/ 103(1) / 117(2) /118(2) / 109/ 3(5) of the BNS, 2023.
3. It is submitted by Mr. Boro, the learned counsel for the petitioner that the present petitioner is innocent and he is not involved with the alleged offence. After the incident some young boys have been arrested by police in connection with the offence only on suspicion. Further he submitted that the present petitioner along with other co-accused was arrested on 01.01.2026 and since then they are in custody. However, all the three petitioners will appear in their final Higher Secondary examination which is going to commence from 11th February, 2026. The Admit Card of the present petitioner is also annexed along with the petition. He further submitted that the present petitioner may be allowed to go on bail or be allowed to go on interim bail so that he may appear in the exam. The petitioner shall provide necessary bail bond and there is no chance of absconding, if he is granted bail.
4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that one person is brutally killed by a group of persons and the incident had happened only on 31.12.2025 and hence the case is still under investigation. Accordingly, he submitted that releasing on bail at this stage may also hamper the investigation of the case.
5. Considering the submissions made by the learned counsel for both sides without going into the merit of the case and only considering the fact that the petitioner will appear in his final Higher Secondary examination which is going to be commenced from 11th February, 2026 and also considering the young age, the present petitioner, namely, Monjil Dutta is hereby allowed to go on interim bail till next date of listing.
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6. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Golaghat, the accused/petitioner, namely, Monjil Dutta, be enlarged on interim bail, subject to the following conditions:-
(i) that the petitioner 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 them from disclosing such facts to the Court or to any police officer; and
(ii) that the petitioner shall not leave the jurisdiction of the learned CJM, Golaghat without prior permission.
7. In the meantime, call for the Case Diary.
8. List this matter on 26.02.2026.
JUDGE
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