Disposed

Pakhila Das and Anr. v. the State of Assam

Gauhati HC7 Jun 2026Bail Appln./1338/2026

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS by two accused in an FIR alleging injury when the victim fell into acid during a scuffle with his in-laws. The High Court considered the FIR and case diary and granted bail on a bond of Rs.20,000 each with conditions to cooperate with investigation and not influence witnesses.

What did the court decide?

Accused/applicants released on bail bond of Rs.20,000 each with like sureties, subject to cooperation with investigation and not influencing witnesses.

Pakhila Das and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

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GAHC010099892026

2026:GAU-AS:7997

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

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Case No. : Bail Appln./1338/2026

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PAKHILA DAS AND ANR

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WIFE OF GULAP DAS RESIDENT OF JYOTIKUCHI, BANK COLONY P.S. FATASIL AMBARI, GUWAHATI-781040, DISTRICT - KAMRUP (M), ASSAM

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2: RAHUL DAS SON OF LATE ARJUN DAS RESIDENT OF JYOTIKUCHI BANK COLONY P.S. FATASIL AMBARI GUWAHATI-781040 DISTRICT - KAMRUP (M) ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM

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Advocate for the Petitioner : MR. A PAUL, MRS. S AZIZ

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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 : 08-06-2026

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Heard Mr. A. Paul, the learned counsel appearing for the accused/applicants. Also heard B. Sarma, the learned Additional Public

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Prosecutor for the State.

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This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused/applicants in connection with Dispur Police Station Case No. 247/2026 registered under Sections 126(2)/115(2)/124(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

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An FIR was lodged on 30.04.2026 by S.I. Sumit Mahanta, alleging that on 29.04.2026 at about 9.10 PM, an information was received by police regarding certain acid attack at Lalganesh area; that when the police arrived at the place, the police found one person injured, namely, Arup Baishya with grievous injuries. He was taken to Gauhati Medical College and Hospital for further treatment. That the accused persons were apprehended by the local persons and subsequently, they were taken by the police on custody. That during preliminary enquiry at the spot, it was found a quarrel took place between the injured and his in-laws along with his wife at a jewellery shop and during the scuffle, the injured person fell into some acid kept in a plastic container whereby he sustained burn injured.

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On the basis of the FIR, Dispur PS Case No. 247/2026 was registered under Section 126(2)/115(2)/124(1)/3(5) of the BNS, 2023.

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The learned counsel appearing for the accused/applicants submits that there is no intentional acid attack by the accused persons on the victim. He submits that though there was an incident of altercation and thereafter, scuffle between the parties, during such scuffle, the injured person accidently fell on

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the acid kept in a plastic container. He further submits that Section 124(1) of the BNS, 2023, will not be applicable in the instant case as there is no intentional acid attack involved in the instant case as can be seen from the FIR that has been lodged. He further submitted that all other sections involved in the instant case are bailable sections. In view of the above, he submits that the accused/applicants should be granted bail at this stage.

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Mr. B. Sarma, the learned Additional Public Prosecutor, opposes the prayer for granting bail.

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Case Diary in the instant case has been produced before the Court and the same has been perused and after considering the submissions and the materials in the FIR as well as the Case Diary, this Court is of the considered opinion that the accused/applicants should be granted bail at this stage. Accordingly, it is directed that the accused/applicants shall be released on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with sureties of like nature subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), subject to the condition that :-

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The accused/applicants shall cooperate with the investigation and shall not involve in any activities of influencing any witnesses that may be involved in the instant case.

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In view of the aforesaid directions, the instant Bail Application stands disposed of.

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JUDGE

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Comparing Assistant

Pakhila Das and Anr. v. the State of Assam

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Pakhila Das and Anr. v. the State of Assam

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