Gauhati High Court

AB/1818/2026 of UTPAL DAS AND 2 ORS. Vs THE STATE OF ASSAM on 11 October 2026

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GAHC010164612026 2026:GAU-AS:15421 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1818/2026 UTPAL DAS AND 2 ORS. S/O LT NAKUL DAS, R/O VILL BIJULIGHAT BIHDIA, PS NALBARI, DIST NALBARI, ASSAM 2: MUN DAS S/O UTPAL DAS (MINOR) REPRESENTED BY

GAHC010164612026

2026:GAU-AS:15421

THE GAUHATI HIGH COURT

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

Case No. : AB/1818/2026

UTPAL DAS AND 2 ORS.

S/O LT NAKUL DAS, R/O VILL BIJULIGHAT BIHDIA, PS NALBARI, DIST

NALBARI, ASSAM

2: MUN DAS

S/O UTPAL DAS

(MINOR)

REPRESENTED BY LALIT DAS

S/O LT NAKUL DAS

RO VILL BIJULIGHAT BIHDIA

PS NALBARI

DIST NALBARI

ASSAM

3: NIRMALI DAS

D/O UTPAL DAS

R/O VILL BIJULIGHAT BIHDIA

PS NALBARI

DIST NALBARI

ASSA

VERSUS

THE STATE OF ASSAM

TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. A TARAFDAR,R MALI,MD A

RAHMAN,MR. SURAJIT DAS,MR A W AMAN

Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

Date : 12.10.2026

Heard Mr. S. Nawaz, learned counsel for the applicants. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

2. Apprehending arrest in connection with Nalbari P.S. Case No. 143/2026, registered under Sections 108/85/3(5) of the BNS, 2023, this application under Section 482, BNSS has been preferred by applicants, namely, Utpal Das, Mun Das and Nirmali Das, for grant of pre-arrest bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Ananta Sarania on 16.07.2026. The essence of allegation in the aforesaid FIR dated 16.07.2026, is that the sister of the informant got married with one Nitul Das and thereafter, she was subjected to both physical and mental cruelty, and being unable to bear the same, she committed suicide on 13.07.2026.

4. Mr. Nawaz, learned counsel for the applicants submits that a Co-ordinate Bench of this Court, vide order dated 10.08.2026, was pleased to grant interim protection to the applicants while calling for the case diary, and that they have been cooperating with the investigating agency, and therefore, it is contended to make the interim order dated 10.08.2026, absolute in the same terms and conditions.

5. Per contra, Mr. Borthakur, the learned Additional Public Prosecutor submits that he has not received the case diary and as per his instruction, the I.O. has laid charge-sheet, being charge-sheet No. 165/2026, dated 13.09.2026.

6. At this stage, Mr. Nawaz, learned counsel for the applicants submits that since charge-sheet has been submitted, this application may be closed granting liberty to the applicants to approach the learned trial Court for grant regular bail.

7. Accordingly, taking note of the submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the applicants to approach the learned trial Court on or before 28.10.2026, and to apply for regular bail and in the event of filing such an application, the learned trial Court shall consider the same, in accordance with law.

8. Till then, interim order dated 10.08.2026, shall stand extended.

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