BA/71/2026 of QUEEN BORUAH GOGOI Vs THE STATE OF MEGHALAYA AND ANR. on 17 August 2026

1. The State of Meghalaya, represented by

Superintendent of Police,

West Garo Hills, Tura, Meghalaya.

2. Officer-in-Charge,

Tura Police Station,

West Garo Hills, Meghalaya.

..…… Opposite Parties

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance: For the Petitioner/Appellant(s) : Mr. N.K. Gupta, Adv. with

Ms. M. Surong, Adv.

For the Respondent(s)

: Ms. I. Lyngwa, GA. vice

Mrs. N.G. Shylla, Sr. GA.

i) Whether approved for reporting in

Yes/No

Law journals etc.:

ii) Whether approved for publication in press:

Yes/No

JUDGMENT AND ORDER (ORAL)

1. Ms. I. Lyngwa, learned GA appearing on behalf of the State respondent, has candidly submitted that on being instructed, it is known that the charge sheet has not yet been filed even after the mandatory period for filing of the same is over. Accordingly, there is no objection for default bail to be granted to the accused, Mridupaban Gogoi, who is the husband of the petitioner.

2. On submission made by Mr. N.K. Gupta, learned counsel for the petitioner, since the question of default bail is to be considered, the charge sheet not having been filed even after the mandatory period is over, therefore, in terms of the relevant provision of the law, the accused person in question is entitled to be granted default bail. This is also based on the authority cited by the Hon’ble Supreme Court in the case of Rajesh Kumar Paul v. State of Assam reported in (2017) 15 SCC 67.

3. In view of the above, the accused husband of the petitioner herein is hereby directed to be released on default bail, provided he is not in custody in any other case, on the following conditions:

i) That he shall not abscond or tamper with the evidence or

witnesses;

ii) That he shall attend court as and when called for;

iii) That he shall not leave the jurisdiction of Meghalaya and Assam, except with due permission of the court concerned;

and

iv) That he shall bind himself on a personal bond of ₹ 50,000/-

(Rupees fifty thousand) only with one surety of like amount

to the satisfaction of the Trial Court.

4. In view of the above, this petition is disposed of accordingly. No costs.

5. Let copy of this order be issued upon the Superintendent, District Prisons and Correctional Home, West Garo Hills, Tura for compliance.

Judge

Digitally signed by DARIKORDOR NARY Date: 2026.08.17 17:31:41 IST Signature Not Verified