Page No.# 1/5 GAHC010094552025 2025:GAU-AS:6757 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1422/2025 SURAJ MAGAR @ PUSPA MAGAR AND ANR S/O SRI BHIM BAHADUR MAGAR, VILL-FAKIRDIYA P.S.ROWTA DIST. UDALGURI 2: SRI GIRIJA NEWAR S/O SRI CHANDRA PRASAD NEWAR VIL-FAKIDIYA P.S. ROWTA DIST.UDALGURI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B D GOSWAMI, MS K DAS,MR. J M GOGOI,MR. P K SAHARIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27-05-2025 Heard learned counsel Mr. B.D. Goswami for the petitioner Nos. 1. Suraj Page No.# 2/5 Magar @ Puspa Magar and 2. Sri Girija Newar, who have filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 21.03.2025 in connection with Rowta Police Station Case No. 30/2025 being registered under Sections 126(2)/117(2)/3(5) of Bharatiya Nyaya Sanhita, 2023, added Section 103 of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam, who has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioners. The argument of the learned counsel for the petitioners that the victim was under the influence of alcohol and he sustained injuries while he was in police custody cannot be accepted. No FIR has been registered against the police with allegation that the victim's death was a result of death while in police custody. The FIR clearly reveals that the petitioners are complicit and so, thus the Case Diary. 3. The Postmortem report clearly reveals that the victim Lal Mohan Rai @ Lalu Gopal sustained injuries on both his forearm, left and right, abrasion on his right abdomen. The injuries were covered by brownish black scab and the age of the injuries clearly shows that the injuries were sustained at the time when the victim was apprehended by the petitioners and their families, which clearly nullifies the argument that the head injury was sustained by the victim while he was in police custody i.e. after he was produced before the Magistrate. 4. It is further argued that the Postmortem report reveals injuries on the scalp with brain hemorrhage. The cause of death was opined to be head injury sustained. Page No.# 3/5 5. It is submitted on behalf of the petitioners that the victim was already produced before the Magistrate on 15.03.2025 and he was alive at that time. The forwarding report marked as Annexure-IV of the petition clearly reveals that the deceased/victim on 13.03.2025 at about 10.51 PM was caught red handed by Girija Newar who informed the police over phone that the victim was apprehended while he trespassed to Girija Newar’s premises with intent of committing theft of betel nuts. A GD entry was registered as Ekrabari OP GDE No. 187 dated 13.03.2025 and it is submitted that the public assaulted the victim and injuries were sustained on being assaulted by the public. The victim was then forwarded to Rowta Model Hospital for treatment and then, he was kept in police custody. On 14.03.2025 at about 8.00 AM, the victim fell down on the floor as he proceeded towards the toilet and sustained head injuries and then, the victim was forwarded to Tezpur Medical Hospital for treatment. 6. This forwarding was in relation to the same incident initiated by the present FIR lodged by Girija Newar with allegation that the victim named as accused in the FIR was caught red handed while he attempted to commit theft of betel nuts from Girija Newar’s premises and the FIR was registered as Rowta Police Station Case No. 29/2025. 7. However, another FIR was lodged by Sri Champa Deka against Girija Newar, Bittu Newar and Suraj Magar that on 13.03.2025, her younger brother Lalu Gopal Ray mistakenly entered into the betel nut orchard of Girija Newar at about 11 PM after consuming alcohol. Supposing him to be a thief, the accused persons assaulted Lalu Gopal Ray and caused multiple injuries. This FIR was registered as Rowta Police Station Case No. 30/2025. Page No.# 4/5 8. I have considered the submissions at the bar with circumspection. I have scrutinized the Case Diary. There are indeed incriminating materials in the Case Diary against the petitioners. I have considered the submissions at the bar that the petitioners are willing to cooperate with the remaining part of investigation. The petitioners are local residents and they are not flight risks. Investigation has also progressed substantially. 9. It appears that bail may be granted to the petitioners. 10. Considering all aspects, petition is allowed. 11. The petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the learned Eleka Magistrate/jurisdictional Court under the conditions that:- (i) petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) petitioners shall refrain from such activities with which they are alleged and, (iii) petitioners shall not leave the jurisdiction of the Court without prior permission. 12. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioners. 13. In terms of the above observation, this Bail Application stands disposed of. Page No.# 5/5 14. Send back the Case Diary. JUDGE Comparing Assistant