Gauhati High Court

AB/3009/2025 of JITUMONI BARMAN AND ANR Vs THE STATE OF ASSAM on 21 April 2026

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GAHC010283802025 2026:GAU-AS:5490 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3009/2025 JITUMONI BARMAN AND ANR C/O DHARMESWAR BARMAN R/O SHIVANAGAR 2 NO. MATHGHARIA, NOONMATI, P.S. NOONMATI, DIST. KAMRUP (M), ASSAM, PIN-781020 2: PRASENJIT

GAHC010283802025

2026:GAU-AS:5490

THE GAUHATI HIGH COURT

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

Case No. : AB/3009/2025

JITUMONI BARMAN AND ANR

C/O DHARMESWAR BARMAN

R/O SHIVANAGAR 2 NO. MATHGHARIA, NOONMATI, P.S. NOONMATI, DIST.

KAMRUP (M), ASSAM, PIN-781020

2: PRASENJIT MITRA

C/O MANOJ MITRA

R/O MAA SARADA PATH

KAHILIPARA COLONY VTC

BINOVANAGAR

P.O. BINOVANAGAR

SUB-DIST.

GMC

DIST. KAMRUP (METRO)

ASSAM

PIN-78101

VERSUS

THE STATE OF ASSAM

REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MR T H HAZARIKA, MR. K ISLAM,MR A RASHID,MR M

CHETIA

Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

22.04.2026 Heard Mr. T.H. Hazarika, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. This is an application filed under Section 482 of the BNSS, 2023, praying for pre-arrest bail to the petitioners, namely, Jitumoni Barman and Prasenjit Mitra, who have been in custody, in connection with Mukalmua PS Case No.263/2025 registered under Sections 316(2)/318(2) of the BNS, 2023. This Court had granted interim protection to the petitioners vide order dated 19.12.2025, directing them to appear before the Investigating Officer and cooperate with the investigation. The learned counsel for the petitioners submits that, in compliance with the said order, the petitioners have already appeared before the Investigating Officer and have produced all materials in their possession relevant to the investigation. It is noticed by this Court that the case diary could not be produced on 04.02.2026, 20.02.2026, 18.03.2026, and even on the present date.

In the above circumstances, this Court is of the opinion that the interim protection granted to the petitioners be made absolute, subject to the condition that the petitioners shall appear before the Investigating Authority as and when required and shall continue to cooperate with the investigation. In the event of any failure on the part of the petitioners to comply with the aforesaid condition, it shall be open to the prosecution to bring the same to the notice of the appropriate Court for reconsideration of bail. With the above observations, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant

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