Page No.# 1/3 GAHC010108842025 2025:GAU-AS:9162 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1678/2025 SAHIDUL ISLAM S/O JABBAR ALI, PERMANENT R/O DAKHINGAON, NEAR MASJID, P.S. DISPUR, P.O. KAHILIPARA, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN 781019. VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD. PP, GOVT OF ASSAM. Advocate for the Petitioner : MR. M AHMED, MS S AHMED,MR. M M ZAMAN Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 16-07-2025 Heard Mr. M. Ahmed, the learned counsel for the petitioner and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 04.05.2025 in connection with Dispuri P.S. Case No. 395/2025 u/s 80(2) of BNS Act. 3. Case Diary is received. Perused the same. 4. It is submitted by Mr. Ahmed, the learned counsel for the petitioner that the present accused/petitioner is innocent and he has not committed any offence as alleged in the FIR. It is a fact that there was some dispute between the present petitioner and the deceased as he was willing to stay in Guwahati but on the pressure created by the deceased he had to left for Diphu as an Electrician. But, on the day of the incident he was not present at the house and getting the news of unfortunate death of his wife, immediately he came to Guwahati and then only he came to know about committing suicide by the wife/deceased. He further submitted that the accused is in custody since last 75 days including 2 days police remand and considering his length of detention he may be released on bail. However, he is ready and willing to cooperate with the I/O in further investigation of the case, if he is granted with the privilege of bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the accused/petitioner who also used to torture the deceased mentally and physically for which she even had to leave her matrimonial house in the year 2024. One injury report is also available in the Case Diary. Further he submitted that till date, the FSL report is not yet received to know the actual cause of death of the deceased. He further submitted that considering the incriminating materials against the present petitioner, his prayer for bail may not be considered at this stage. Page No.# 3/3 6. Considering the submissions made by learned counsel for both sides, I have also perused the Case Diary and the Medical Report of the victim though the cause of death is yet to be asserted as the FSL report could not be collected by the I/O till date. However, considering the materials available in the Case Diary, length of detention already undergone by the accused/petitioner, I find that further custodial interrogation to the present accused/petitioner may not be necessary for the interest of investigation. Accordingly, I find it a fit case to extend the privilege of bail to the accused/petitioner. 7. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, namely Sahidul Islam be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant