Allowed¶25

Biswajit Dutta v. State of Assam

Gauhati HC8 Jun 2026AB/1024/2026

Case brief

AI extract

What is this about?

Gauhati High Court; AB/1024/2026; Biswajit Dutta v. State of Assam; decided 09-06-2026 by Anjan Moni Kalita, J.; anticipatory bail / pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023; Golaghat Police Station Case No. 190/2025; offences under Sections 61(2)/314/316(2)/318(4) of the Bharatiya Nyaya Sanhita, 2023; interim order dated 19.05.2026 made absolute on same terms and conditions; applicant appeared before Investigating Authority and cooperated with investigation; application disposed of and allowed.

What did the court decide?

Pre-arrest (anticipatory) bail granted: the interim pre-arrest bail order dated 19.05.2026 made absolute with the same terms and conditions as earlier; the Anticipatory Bail application disposed of and allowed. ¶25

Biswajit Dutta Vs State of Assam — Anticipatory Bail | Gauhati HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the accused-applicant (Biswajit Dutta) should be granted pre-arrest bail (anticipatory bail) under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Golaghat Police Station Case No. 190/2025 under Sections 61(2)/314/316(2)/318(4) of the Bharatiya Nyaya Sanhita, 2023.

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Court's answer

Taking into account the submissions of learned counsel for the respective parties, and the fact that the applicant had appeared before the Investigating Authority pursuant to the interim order and was cooperating with the investigation, the Court opined that the interim order dated 19.05.2026 should be made absolute.

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Ratio / Principle

The interim pre-arrest bail order dated 19.05.2026 was made absolute with the same terms and conditions as in the earlier order dated 19.05.2026.

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Detailed headnote1 paragraphs

Anticipatory bail - Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for pre-arrest bail in connection with Golaghat Police Station Case No. 190/2025 registered under Sections 61(2)/314/316(2)/318(4) of the Bharatiya Nyaya Sanhita, 2023 - By order dated 19.05.2026 this Court had granted interim relief with a direction to the accused-applicant to appear before the Investigating Authority within 7 (seven) days - Applicant appeared before the Investigating Authority and was cooperating with the investigation; the learned Additional Public Prosecutor confirmed the appearance - Taking into account the submissions of learned counsel for the respective parties, the Court held that the interim order dated 19.05.2026 should be made absolute - Interim pre-arrest bail order dated 19.05.2026 made absolute with the same terms and conditions as earlier - Anticipatory Bail application disposed of and allowed (Anjan Moni Kalita, J.).

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GAHC010096462026

2026:GAU-AS:8069

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

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Case No. : AB/1024/2026

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BISWAJIT DUTTA

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S/O LATE BHAGESWAR DUTTA, R/O 5TH FLOOR, PROTECH TULIP, NALAPARA, GUWAHATI, P.S. BASISTHA, DIST. KAMRUP (M), ASSAM.

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VERSUS

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STATE OF ASSAM REPRESENTED BY THE PP, ASSAM.

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Advocate for the Petitioner : MR. P P BORTHAKUR, MS. A SENAPATI,KAKU GOGOI,A GOSWAMI

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

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ORDER

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Date : 09-06-2026

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Heard Mr. P.P. Borthakur, the learned counsel appearing for the accusedapplicants. Also heard B. Sarma, the learned Additional Public Prosecutor for the State.

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This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting pre-arrest bail to the accused-applicant in connection with Golaghat Police Station Case No. 190/2025 under Sections 61(2)/314/316(2)/318(4) of the Bharatiya Nyaya Sanhita, 2023.

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This Court vide its order dated 19.05.2026 has granted interim relief to the accused-applicant with a direction that the accused-applicant shall appear before the Investigating Authority within 7 (seven) days of passing of the aforesaid order.

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The learned counsel appearing for the accused-applicant submits that in terms of the aforesaid order dated 19.05.2026, he has already appeared before the Investigating Authority and has been cooperating with the investigation.

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Mr. B. Sarma, the learned Additional Public Prosecutor has also confirmed that the accused-applicant has already appeared before the Investigating Authority.

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Taking into account the aforesaid submissions of the learned counsel for the respective parties, this Court is of the considered opinion that the interim order dated 19.05.2026 should be made absolute.

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Accordingly, the interim pare-arrest bail order dated 19.05.2026 is made absolute with the same terms and conditions as earlier in the aforesaid order 19.05.2026.

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In view of the aforesaid terms, the instant Anticipatory Bail application is

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disposed of and allowed.

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JUDGE

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Comparing Assistant

Biswajit Dutta v. State of Assam

Case brief

What is this about?

What did the court decide?

Biswajit Dutta v. State of Assam

Case brief

What is this about?

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Why is it important?

What the court decided

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