Sri Denish Khamti Gohain vs The State Of Assam
2026 Latest Caselaw 4871 Gua

Gauhati High Court

Sri Denish Khamti Gohain vs The State Of Assam on 22 May, 2026

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GAHC010097772026




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                              THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : AB/1055/2026

            SRI DENISH KHAMTI GOHAIN
            S/O SRI CHANDAN GOHAIN, R/O 73, GHAGAR NAGAR, PATHALIPAM,
            LAKHIMPUR, ASSAM. PIN- 787056



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : MR S BORTHAKUR, SR. ADV., MR SAURADEEP DEY

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

22.05.2026

1. Heard learned Senior Counsel Mr. S. Borthakur for the petitioner Denish Khamti Gohain who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Dispur Police Station Case No. 234/2026 Page No.# 2/4

under Sections 318(4)/316(2)/336(3)/340(2) of the BNS, 2023.

2. Heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the respondent State. Notice is accepted by the learned Additional Public Prosecutor.

3. I have considered the submissions at the Bar.

4. It is submitted on behalf of the petitioner that the petitioner is only 22 years old and he is a student of Gauhati University. It is submitted that the FIR clearly reveals that the petitioner's mother was involved in this case and she has already been arrested.

5. The FIR unfolds that the petitioner's mother and another person namely Debasish Baruah @Rajdeep Hazarika defrauded the informant and induced her to pay Rs. 17 lacs by promising to provide her with benefits of certain Government schemes and instead of providing them any scheme as promised, the money was misappropriated by the above named accused persons.

6. Learned Additional Public Prosecutor has submitted that this it has been unearthed during investigation that money misappropriated by the petitioner's mother Smt. Karina Rani Khamti Gohain was deposited in the petitioner's account.

7. Learned counsel for the petitioner has drawn the attention of this Court to the notice Under Section 35(3) of the BNSS marked as Annexure-6 of the petition wherein it is mentioned that it was unearthed during investigation that Karina Rani Khamti Gohain tried to shift the blame on her son by feigning innocence as she was not aware of the transactions credited into her bank account.

8. It is submitted at the Bar that the petitioner who was called to co-operate with the investigation did not appear before the Investigating Officer and the whatsapp messages clearly reveal the conversation between the petitioner and Page No.# 3/4

the Investigating Officer which is marked as Annexure-4 of the petition.

9. It is submitted on behalf of the petitioner that the whatsapp messages clearly reveals that the petitioner who was busy was seeking time to appear before the Investigating Officer and co-operate with the investigation. The petitioner has also submitted his bank statement marked as Annexure-4 which clearly reveals the transactions of his account XXXX751 from 30.03.2026 upto 30.04.2026 which clearly shows transactions of maximum amount of Rs. 2,000/- and minimum transactions are of Rs. 100/- and the remaining balance is shown as Rs. 206.40/- on 30.04.2026.

10. It appears that there is a prima facie case to grant interim bail to the

petitioner.

11. In the interim and in the event of his arrest, the petitioner shall be enlarged

on bail on furnishing a bail bond of Rs. 30,000/- upto 23.06.2026 with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

(i) The petitioner shall appear before the Investigating Officer within 1 (one) week and co-operate with the investigation,

(ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation,

(iii) The petitioner shall refrain from such activities with which he is alleged, and

(iv) The petitioner shall not leave the jurisdiction of the Court without prior permission.

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12. On breach of any of the bail conditions, bail order shall stand automatically

cancelled.

13. Call for the Case Diary.

14. List this matter on 23.06.2026.

JUDGE

Comparing Assistant