Page No.# 1/5 GAHC010107752025 2025:GAU-AS:10478 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1167/2025 SHARIFUL ISLAM AND 2 ORS. S/O ABDUL SALAM R/O VILL- BALARGUDAM P.S. MERERCHAR DIST. BONGAIGAON, ASSAM 2: SAFIUR RAHMAN S/O ABDUL SALAM R/O VILL- BALARGUDAM P.S. MERERCHAR DIST. BONGAIGAON ASSAM 3: SOBIRAN NESSA W/O ABDUL SALAM R/O VILL- BALARGUDAM P.S. MERERCHAR DIST. BONGAIGAON ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:AKABBAR ALI S/O LATE NABI HUSSAIN VILL- BHARALIPAA PT.I P.O. NAYASATRA P.S.MERERCHAR DIST. BONGAIGAON ASSAM PIN-78338 Page No.# 2/5 Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,H R KHAN Advocate for the Respondent : PP, ASSAM, MR D K BHATTACHARYYA, Amicus curiae,(R-2),MR D K BHATTACHARYYA, Amicus curiae,(R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 07.08.2025 1. Heard Mr. N. Uddin, the learned counsel for the petitioners. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. D.K. Bhattacharyya, the learned Amicus Curiae appearing for the respondent No. 2. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioners, namely, (1) Shariful Islam, 2. Safiur Rahman and 3. Sobiran Nessa, who are apprehending their arrest in connection with Merechar P.S. Case No. 18/2025, under Sections 137(2)/127(2)/103(1)/3(5) of the BNS, 2023 read with Section 4 of the POCSO Act, 2012. 3. The gist of accusation in this case is that on 23.04.2025, the father of the victim girl has lodged an FIR naming 6(six) accused persons therein, including the present petitioners, inter alia alleging that the petitioners have kidnapped the minor daughter of the informant. 4. It is also alleged in the FIR that the accused persons named in the FIR had assaulted and killed the minor daughter of the informant on 21.04.2025 by showing as a case of suicide. Page No.# 3/5 5. The learned counsel for the petitioners has submitted that the petitioners herein are in no way involved in the offences in the FIR. He submits that the petitioner Nos. 1 and 2 are the brothers of accused No. 1, Musa Ali, with whom the victim had a relationship before her marriage. 6. He also submits that the petitioner No. 3 is the mother of the accused No. 1, and they are innocent. 7. He submits that in the meanwhile, the main accused, Musa Ali, and his father, namely Abdus Salam, were arrested, and later on, they were allowed to go on bail. 8. The learned counsel for the petitioners submits that the petitioners are ready to cooperate in the investigation. Hence, they will be allowed to go on bail. 9. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Merechar P.S. Case No. 18/2025, and has submitted that the death of the victim was due to hanging, and a continuous ligature mark was found on the neck. He also submits that the viscera report also reflect that no poison has been found. 10. He also submits that the only material against the present petitioners in the Case Diary is that they were found standing near the dead body. 11. On the other hand, the learned Amicus Curiae has pointed out that in this case, the death of the victim, even if it is assumed to be suicide, happened in the house of the petitioners, where only the family Page No.# 4/5 members of the petitioners were present, and therefore, it appears to be suspicious. 12. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary. The investigation is going on. Truth will be revealed only after completion of the investigation. 13. However, at this stage, as 2(two) of the co-accused are already released on bail, and no such incriminating material, at this stage has been found against the above-mentioned petitioners. 14. Hence, their prayer for anticipatory bail is allowed. The above- mentioned petitioners are directed to appear before the Investigating Officer of Chariduar P.S. Case No. 84/2025(the new case number after the FIR was transferred to Chariduar Police Station) within a period of 10(ten) days from the date of this order, and cooperate 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 bail of Rs. 30,000/- each with one surety of like amount, subject to the satisfaction of the arresting authority with the following conditions:- (i) the petitioners shall appear before the Investigating Police Officer within 10(ten) days from the date of this order and shall co- operate with the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person 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. Page No.# 5/5 15. Send back the Case Diary. 16. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant