Page No.# 1/3 GAHC010103642025 2025:GAU-AS:12727 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1183/2025 HIMANTA GOGOI ALIAS MUN GOGOI S/O SRI MINA GOGOI R/O ATHUKARHA CHUK, KHUMTAI NAGAON KHUMTAI, KAMARGAON, GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, MS. A K CHOPHI,A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 16.09.2025 Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been Page No.# 2/3 filed by the accused petitioner, namely, Himanta Gogoi @ Mun Gogoi, seeking pre-arrest bail in connection with Kamargaon P.S Case No. 19/2025 registered under Sections 103(1)/238/3(5) of BNS, 2023. 3. The allegation in the ejahar dated 28.04.2025 is that one person named Kancha was kept in a house of one Mina Gogoi for working at an illegal liquor production unit and that on 27.04.2025, for some unknown reasons, the said person named Kancha was killed and his body was buried in the Jungle across the road. It is further alleged that on the next date i.e. 28.04.2025, upon being identified by Jiten Karmakar, the body was dug out by the police. Six accused persons have been named in the FIR, including the present petitioner named as Mun Gogoi in the FIR. 4. The learned counsel for the petitioner has drawn my attention to an affidavit made by the informant stating that the deceased had been working as a domestic helper for the last 13 years in the house of Mina Gogoi and he was suffering from serious ailments and died pursuant to the illness in the residence of the accused. Several villagers have also filed an affidavit on similar lines. 5. The case diary as called for has been received. 6. The I.O has made a noting opposing the bail. As per the contentions from the petitioner’s side, the deceased stated to have died from tuberculosis, which he had been suffering from for a long time. In the post-mortem report, final opinion regarding death has been kept pending till receipt of chemical analysis report. However, Page No.# 3/3 regarding the injuries, it is stated that the injury was ante mortem and caused by a blunt force impact. 7. I have also perused the statement of one Phuleswar Gogoi. 8. The learned counsel for the petitioner submits that the deceased had died of illness and since he was a Muslim by religion, the family members of the accused buried him. 9. However, I found that to be contrary to the finding of the post-mortem report and I also do not find any sufficient materials to indicate that the religion of the deceased required him to be buried. Despite the affidavits filed by the informant and some villagers, the contentions of the petitioner’s side are not found to be convincing to the Court prima-facie. This being an anticipatory bail petition, I am of the considered view that it would not be prudent to grant anticipatory bail in view of the emerged materials. Accordingly, the anticipatory bail petition stands rejected at this stage. 10. Return back the case diary. 11. Accordingly, the anticipatory bail petition stands disposed of. JUDGE Comparing Assistant