Gauhati High Court

Bail Appln./3115/2026 of REKHAJYOTI PHUKAN BURAGOHAIN ALAIS REKHAJYOTI PHUKAN BARGOHAIN ALAIS REKHAJYOTI PHUKAN BORGOHAIN Vs THE STATE OF ASSAM on 30 September 2026

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GAHC010219792026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3115/2026 REKHAJYOTI PHUKAN BURAGOHAIN ALAIS REKHAJYOTI PHUKAN BARGOHAIN ALAIS REKHAJYOTI PHUKAN BORGOHAIN W/O- LATE BHADRESWAR BURAGOHAIN R/O- HOUSE NO.29,

GAHC010219792026

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THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./3115/2026

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, MS. L MISAO,MS. K.B. BURAGOHAIN,MS L

HMAR,MR K KASHYAB,MR. M R CHOUDHURY,MR. K KALITA,MR. B BORAH

Advocate for the Respondent : PP, ASSAM, BEFORE

HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

01.10.2026 Heard Mr. I. H. Saikia, learned counsel for the accused and also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State respondent.

2. This application, under Section 483 of the BNSS, 2023, is preferred by the accused, namely, Rekhajyoti Phukan Buragohain @ Rekhajyoti Phukan Bargohain @ Rekhajyoti Phukan Borgohain, who has been languishing in jail hajot since 22.09.2026, in connection with N.I. (C.R.) Case No. 4532/2019, pending before the Court of the learned Judicial Magistrate First Class (JMFC), Kamrup (Metro), Guwahati, for grant of bail.

3. Mr. Saikia, learned counsel for the petitioner submits that the petitioner is an accused in N.I. (C.R.) Case No. 4532/2019, and on account of her non- appearance before the learned JMFC, Kamrup (M), Guwahati, the learned JMFC has issued Non-Bailable Warrant of Arrest (NBWA) against her on 21.12.2023. Subsequently, P&A was also issued against her and ultimately, she was arrested on 22.09.2026, and since then, she has been languishing in jail hajot. 3.1 Mr. Saikia further submits that the accused will appear before the learned JMFC, Kamrup (M), Guwahati, regularly and under such circumstances, he has contended to allow this application.

4. Per contra, Mr. Barthakur, learned APP, 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 submissions of the learned counsels 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 petitioner, this Court is inclined to allow this petition.

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 (Metro), Guwahati, the accused shall be released on bail.

8. In terms of the above, this bail application stands disposed of.

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