AB/1682/2026 of SRI INDRA JIT DAS Vs THE STATE OF ASSAM on 5 August 2026

ORDER

06.08.2026 [1] Heard Mr. S. Bora, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. [2] This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail to the petitioner, namely, Indra Jit Das, who is apprehending arrest in connection with Pathsala

Police Station Case No. 58/2026 registered under Section 108 of Bharatiya Nyaya Sanhita, 2023. [3] The case of the prosecution is that the informant’s son, who was the domestic help of Sri Chandan Malakar, was found death upon hanging himself in the house. Accordingly, a case was registered. [4] Pertinent that by order dated 27.07.2026, the petitioner was granted interim pre-arrest bail subject to conditions thereof. [5] Mr. B. Sarma, learned Additional Public Prosecutor, further submits that the petitioner has appeared before the Investigating Officer, in terms of the interim pre-arrest bail order passed earlier by this court. He also submits that the statement of the petitioner has been recorded under Section 180 of BNSS, 2023. He further submits that the petitioner is cooperating with the investigation. He further submits that none of the witnesses, whose statements have been recorded by the Investigating Officer, have implicated the petitioner in the alleged offence. He further submits that the post- mortem report available in the Case Diary indicates that the death was due to suicidal. [6] Having heard the learned counsel appearing for the parties and perused the records available, it appears from the record that the petitioner is cooperating with the investigation and the statement of the petitioner under Section 180 of BNSS, 2023 has already been recorded. It further appears that there are no incriminating materials available in the Case Diary against the petitioner. [7] Accordingly, this court is of the considered opinion that custodial interrogation of the petitioner may not be necessary for the ongoing investigation. As such, the interim pre-arrest bail granted earlier by this court, by order dated 27.07.2026 is hereby made absolute, subject of course to the following conditions, that the petitioner shall:

(i) That the petitioner shall co-operate in the on-going investigation.

(ii) Shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such persons from disclosing such facts to the Court or to any police officer;

(iii) Shall refrain from such activities with which he is alleged, failing which, this bail order shall stand cancelled. [8] It is needless to be clarified that non-compliance of any of the aforesaid conditions shall render the pre-arrest bail granted by this order cancelled. [9] Accordingly, the anticipatory bail stands disposed of. [10] Return the Case Diary.

JUDGE Comparing Assistant