Allowed¶25

Manash Jyoti Saikia and 2 Ors. v. the State of Assam

Gauhati HC5 Nov 2025AB/2177/2025

Case brief

AI extract

What is this about?

Gauhati High Court AB/2177/2025; pre-arrest bail under Section 482 BNSS 2023; BNS 2023 Sections 61(2)/103(1); Biswanath Chariali PS Case No. 140/2025 / G.R. Case No. 399/2025; death of inmate at petitioners' rehabilitation centre; father's FIR alleging homicide and post-mortem without notice; no incriminating material in case diary; PM report consistent with petitioners' 02.08.2025 information; interim pre-arrest bail of 17.09.2025 made absolute; decided 06-11-2025.

What did the court decide?

Interim pre-arrest bail granted vide order dated 17.09.2025 made absolute upon the same conditions. ¶25

Manash Jyoti Saikia and 2 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

Page No.# 1/3

GAHC010200062025

2025:GAU-AS:14984

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

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Case No. : AB/2177/2025

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MANASH JYOTI SAIKIA AND 2 ORS. S/O TARUN SAIKIA

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RESIDENT OF LEHUGAO, P.O. CHARIALI, P.S. BISWANATH CHARIALI, PIN784176, DIST. BISWANATH, ASSAM

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2: SHRI BIKASH BASUMATARI S/O MIHIRAM BASUMATARY RESIDENT OF KALAPANI P.O. MIJIKAJAN P.S. GINJIA PIN-784173 DIST. BISWANATH ASSAM

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3: SHRI GAUTAM DAIMARI S/O RAJESH DAIMARI RESIDENT OF GEREKIGAON P.O. MIJIKAJAN P.S. GINJIA PIN-784173 DIST. BISWANATH ASSA

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VERSUS THE STATE OF ASSAM REP.BY THE PP, ASSAM

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Advocate for the Petitioner : MR. P BORDOLOI, MS M NIROLA

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 06-11-2025

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Heard Mr. P. Bordoloi, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Addl. P.P., Assam appearing for the State respondent.

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This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, i) Manash Jyoti Saikia ii) Bikash Basumatari and iii) Gautam Daimari seeking pre-arrest bail in connection with Biswanath Chariali PS Case No. 140/2025 under Sections 61(2)/103(1) of BNS, 2023 (corresponding to G.R. Case No.399/2025).

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The case diary, as called for, has been received.

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The petitioners were granted the privilege of interim pre-arrest bail vide order dated 17.09.2025.

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It appears from the information lodged by the petitioners before the O/C Biswanath Chariali P.S. dated 02.08.2025 that the deceased, who was undergoing treatment at the rehabilitation centre of the petitioners, suddenly ran towards the top floor of the building and jumped to the ground, as a result of which, he died. Subsequently, the father of the deceased lodged the FIR after 3 days of the incident, alleging that the deceased may have been killed and also that the post-mortem examination was conducted without any information to the informant.

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Page No.# 3/3

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There appears to be no material in the case diary implicating the present petitioners and the PM report is also consistent with the information submitted by the petitioners to the police on 02.08.2025, as indicated above.

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Having regard to the above, the prayer for bail is allowed.

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Accordingly, the interim pre-arrest bail granted vide order dated 17.09.2025 is hereby made absolute upon the same conditions.

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JUDGE

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Comparing Assistant

Manash Jyoti Saikia and 2 Ors. v. the State of Assam

Case brief

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Manash Jyoti Saikia and 2 Ors. v. the State of Assam

Case brief

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