Page No.# 1/3 GAHC010106332025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1682/2025 KURPAN ALI S/O LATE ABDUL SALAM, VILL. MAZDIA, P.S. SARTHEBARI, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM. Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.06.2025 1. Heard Mr. R. Ali learned counsel for the petitioner Kurpan Ali. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 14.04.2025 in connection Page No.# 2/3 with Sarthebari Police Station Case No. 51/2025 under Sections 80/3(5) of the BNS. 3. Heard Mr. K. K. Das, learned Additional Public Prosecutor for the respondent State. 4. The allegation against the petitioner is that the victim Sabura Khatun was married to the petitioner’s son Akibul Ali but she was subjected to cruelty by the petitioner and all the family members. The victim had to endure forced abortion at the behest of the petitioner and his family members. On 11.04.2025, the victim went to her parental home and on 12.04.2025, the petitioner and the other accused named in the FIR forcefully took the victim back to her matrimonial home and on 13.04.2025, the informant i.e., the father of the victim learnt that his daughter had committed suicide. 5. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner and the petitioner is thus not entitled to bail considering his role in the offence. It is submitted that Case Diary is forwarded without the Viscera report. 6. Learned counsel for the petitioner has submitted that the petitioner is a middle aged man and the prime-accused is not the petitioner but his son. It is further submitted that custodial detention may not be required as the petitioner has been behind bars for 73 days. 7. It appears that bail may be granted to the petitioner. 8. I have considered the submission that the petitioner is a middle aged man and he is willing to co-operate with the investigation and to abide by any stringent bail conditions if imposed upon him. The petitioner is a local resident and he is not a flight risk. Page No.# 3/3 9. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup, Barpeta under the conditions that: (i) The petitioner shall appear before the Investigating Officer every fortnight till completion of investigation, and (ii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 11. This application stands disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant