Page No.# 1/4 GAHC010118252025 2025:GAU-AS:9124 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1837/2025 MAJIBUR RAHMAN S/O LATE JALAL UDDIN R/O FTASIMULU BLOCK, P.S. ORANG, DIST. UDALGURI BTR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. H NATH, MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 15.07.2025 Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Orang P.S. Case No. 36/2025, under Sections 61(2)/103 of BNS, 2023. Case Diary has been received and I have perused the same. It is submitted by Mr. Gogoi, learned counsel for the petitioner, that the present accused/petitioner is innocent and he is not involved in the alleged offence. On the day of incident, there was a quarrel between 2 (two) other accused persons, who are the neighbours of the present petitioner, and for that only, his wife/victim committed suicide. Further he submitted that the petitioner is in custody for last 73 days and hence, considering his length of detention, he may be released on bail. However, he is ready and willing to co-operate the I.O. in further investigation of this case if he is granted with the privilege of bail. Mr. Borthakur, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against the present accused/petitioner in the Case Diary and some of the witnesses have stated that the accused/petitioner used to inflict mental and physical torture on the victim. However, the FSL Report is not yet received by the I.O. and as per the Post- Mortem Report, the death was caused due to asphyxia as a result of anti- mortem hanging. After hearing the submissions made by the learned counsel for both sides, it is seen that though as per the Post-Mortem Report, the death was caused due Page No.# 3/4 to asphyxia as a result of anti-mortem hanging, but it is not clear as to whether the hanging was suicidal or not. However, without going into the detail of the merit of case, I am of the view that 73 days in custody is sufficient for the I.O. to interrogate the accused/petitioner and therefore, only considering the length of detention already undergone by the accused/petitioner, I find that further custodial detention of the accused/petitioner seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 30,000/- (Rupees twenty thousand) only with 1 (one) surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Udalguri, the accused/petitioner, namely, Majibur Rahman, 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, threat 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 Chief Judicial Magistrate, Udalguri, without prior permission. Page No.# 4/4 In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant