B.D. Agarwal, J.

1. This application under Section 439 of the Criminal Procedure Code, 1973 has been filed by the accused Mayur Bordoloi, praying for releasing him on bail. The accused has been arrested for an offence under Section 498-A of the Indian Penal Code, 1860, in Dispur PS Case No. 1394 of 2013. Heard Smt. T. Som, learned counsel for the petitioner as well as Sri B.B. Gogoi, learned Additional Public Prosecutor for the State of Assam. I have also perused the Case Diary.

2. Apparently, the case under Section 498-A IPC has been filed after 5 (five) years of the marriage and the accused is in custody since last 10 (ten) days. Besides this, there is no sufficient evidence of physical assault. Hence, I hold that further detention of the accused in the custody is not warranted.

3. Accordingly, the bail prayer is accepted. The learned CJM, Kamrup, Guwahati, is directed to release the aforesaid petitioner, on bail, on his furnishing bail bond of Rs. 20,000/- with one surety of the like amount to his satisfaction.

4. Before parting with the record, I would like to observe that it was a fit case where the accused could have renewed his bail prayer before the Judicial Magistrate