Citation : 2026 Latest Caselaw 794 Gua
Judgement Date : 5 February, 2026
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GAHC010109872025
2026:GAU-AS:1507
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1179/2025
MINA GOGOI @ MINAI GOGOI
SON OF LATE UPEN GOGOI
R/O VILL- CHNGAKALA(KHUMTAI), P.S. KAMARGAON, DIST. GOLAGHAT,
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
Date : 05.02.2026
Heard Ms. M. Bhuyan, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.
2. By this application filed under Section 482 of the BNSS, 2023 the Page No.# 2/3
petitioner, namely, Mina Gogoi @ Minai Gogoi, has prayed for pre-arrest bail in connection with Kamargaon P.S. Case No. 19/2025 under Section 103(1)/238/3(5) of BNS, 2023.
3. Case diary has been received along with FSL report.
4. The learned Additional Public Prosecutor has drawn my attention to the note of the I/O in the last endorsement of the case diary regarding the final PM report indicating death due to natural cause and illness. Though fight and assault is alleged in the FIR, but it is fairly submitted by the prosecution that no such aspect has come to notice after perusal of case diary. However, prosecution submits that some abrasions are mentioned in the PM report.
5. I have seen the progress in the investigation. Considering the progress of investigation and other aspects indicated above, I am of the considered that investigation may not be hampered, if the petitioner is granted interim bail with conditions.
6. Accordingly, in the event of arrest of the accused-petitioner, they shall be released on bail in connection with Kamargaon P.S. Case No. 19/2025 under Section 103(1)/238/3(5) of BNS, 2023, on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority.
7. The direction for bail is further subject to the condition(s) that the accused-petitioner:
(a) that the petitioner render co-operation with remaining Page No.# 3/3
investigation; and
(b) shall not hamper or tamper with evidence.
8. Violation or breach of condition(s) shall entail cancellation of the bail.
9. The anticipatory bail application stands allowed and disposed of.
10. Send back the case diary.
JUDGE
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