RASEL ALOM ALIAS RUSSEL ALIM @ MANJUR ALAM AND 2 ORS. v. THE STATE OF ASSAM
AB/982/2025 · 2025-05-01
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11569 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11569 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010090122025
2025:GAU-AS:5424
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/982/2025 RASEL ALOM ALIAS RUSSEL ALIM @ MANJUR ALAM AND 2 ORS.
S/O LATE NUR ALAM R/O MOILA PATHAR RUPNAGAR, P.O. BALADMARI P.S. GOALPARA DIST. GOALPARA, ASSAM 2: FAJILA KHATUN @ RUBI BEGUM W/O RASSEL ALOM @ MANJUR ALAM D/O FAIJUDDIN AHMED R/O MOILA PATHAR RUPNAGAR P.O.BALDMARI
P.S.GOALPARA
DIST. GOALPARA ASSAM 3: SHEHNAS ALOM @ SHAHNAZ ALOM D/O RASEL ALOM @ RUSSEL ALOM @ MANJUR ALAM R/O MOILA PATHAR RUPNAGAR P.O. BALADMARI P.S. GOALPARA DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM
Page No.# 2/4 Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 02.05.2025
1. Heard Mr. N. Mahajan, the learned counsel for the petitioners. Also heard Mr. P.S. Lahkar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1)Rasel Alom @ Russel Alom @ Manjur Alam, (2) Fajila Khatun @ Rubi Begum and (3) Shehnas Alom @Shahnaz Alom, who are apprehending their arrest in connection with Goalpara P.S. Case No. 62/2025, under Section 61(2)/103(2) of the BNS, 2023. 3. The gist of accusation in this case is that on 28.03.2025, one Firoz Ali had lodged an FIR before the Officer-In-Charge of Goalpara police station, inter alia, alleging that on 27.03.2025, he received an information from Rasel Alom, who is the petitioner No. 1 in this case that his brother was having fever and after 1 ½ hours they received a phone call, whereby he was informed that the brother of the informant committed suicide by hanging. Page No.# 3/4
4. It is alleged in the FIR that the informant saw injury marks on different parts of the dead body and therefore, he suspects the involvement of the present petitioners. 5. The learned counsel for the petitioners has submitted that as per the information obtained from the petitioners, the deceased was involved in gambling and he was under huge debt due to his involvement in gambling and he committed suicide. 6. He further submits that the petitioners are implicated in this case merely on the basis of suspicion. 7. On the other hand, Mr. P.S. Lahkar, the learned Additional Public Prosecutor has produced the Case Diary of Goalpara P.S. Case No. 62/2025 and has submitted that the post-mortem report shows that the date of the deceased was due to ante-mortem and there is no injury mark on his body. 8. He further submits that the brother of the deceased in his statement had suspected the involvement of the present petitioner. 9. I have gone though the materials available on records and considered the submissions made by the learned counsel for both the sides, as it appears that the death of the deceased was due to hanging and there was no injury mark on his body, as alleged in the FIR. Moreover, apart from mere suspicion presently, there is no material to implicate the present petitioners in the instant case.
Hence, the prayer for anticipatory bail is hereby allowed. Page No.# 4/4
10. In view of the above, all the above-named petitioners are hereby
directed to appear before the Investigating Officer of Goalpara P.S. Case No. 62/2025, within a period of 7(seven) days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the aforesaid case, they shall be allowed to go on interim bail of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioners shall co-operate in the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court.
11. With the above observations, this anticipatory bail application is
disposed of.
12. Send back the Case Diary.
JUDGE Comparing Assistant