Gauhati High Court
Bail Appln./3118/2026 of REKHAJYOTI PHUKAN BURAGOHAIN ALAIS REKHAJYOTI PHUKAN BARGOHAIN ALAIS REKHAJYOTI PHUKAN BORGOHAIN Vs THE STATE OF ASSAM on 5 October 2026
GAHC010219802026 2026:GAU-AS:14893 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3118/2026 REKHAJYOTI PHUKAN BURAGOHAIN ALAIS REKHAJYOTI PHUKAN BARGOHAIN ALAIS REKHAJYOTI PHUKAN BORGOHAIN W/O- LATE BHADRESWAR BURAGOHAIN R/O- HOUSE
GAHC010219802026
2026:GAU-AS:14893
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3118/2026
REKHAJYOTI PHUKAN BURAGOHAIN ALAIS REKHAJYOTI PHUKAN
BARGOHAIN ALAIS REKHAJYOTI PHUKAN BORGOHAIN
W/O- LATE BHADRESWAR BURAGOHAIN
R/O- HOUSE NO.29, LAKHIMI PATH,P.O.- BELTOLA, P.S.- HATIGAON,DIST.- KAMRUPM, ASSAM, PIN-781028.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. I H SAIKIA, MR K KASHYAB,MR. M R CHOUDHURY,MS.
K.B. BURAGOHAIN
Advocate for the Respondent : PP, ASSAM, BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
06.10.2026 Heard Mr. I.H. Saikia, learned counsel for the accused-petitioner and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
2. This application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by accused, namely, Rekhajyoti Phukan Buragohain @ Rekhajyoti Phukan Bargohain @ Rekhajyoti Phukan Borgohain, who has been languishing in jail hazot since 21.09.2026, in connection with N.I. (C.R.) Case No.4531/2019, pending before the Court of learned Judicial Magistrate, First Class (JMFC), Kamrup(M), Guwahati, for grant of bail.
3. Mr. Saikia, learned counsel for the accused submits that the petitioner is an accused in N.I. (C.R.) Case No.4531/2019, and on account of her non-appearance before the learned Judicial Magistrate, First Class, Kamrup(M), Guwahati, the learned JMFC has issued non-bailable warrant of arrest (NBWA) against her on 09.11.2022. Subsequently, P&A was also issued against her and ultimately, she was arrested on 21.09.2026 and since then, she has been languishing in jail hazot.
3.1. Mr. Saikia further submits that the accused will appear before the learned Judicial Magistrate, First Class, Kamrup(M), Guwahati, regularly and under such circumstances, he has contended to allow this application.
4. Per contra, Mr. Borthakur, learned Additional Public Prosecutor, Assam, referring to the order dated 25.09.2026, passed by the learned JMFC, Kamrup(M), Guwahati, submits that the conduct of the accused is not at all satisfactory, for which, the learned JMFC, Kamrup(M), Guwahati, has rejected her bail application vide order, dated 25.09.2026.
5. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record.
6. On perusal of the order, dated 25.09.2026, it appears that the conduct of the accused is not at all satisfactory. However, Mr. Saikia, learned counsel for the petitioner has assured that the accused will appear before the learned Court below regularly, on each and every date fixed. And on such assurance being given by the learned counsel for the accused, this Court is inclined to allow this application.
7. It is provided that on furnishing a bond of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned Judicial Magistrate, First Class (JMFC), Kamrup(M), Guwahati, the accused shall be released on bail.
8. In terms of above, the bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE