Page No.# 1/3 GAHC010120972025 2025:GAU-AS:12009 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1272/2025 CHANDAN PAUL AND ANR S/O LATE NIRANJAN PAUL R/O KRISHNA NAGAR, WARD NO. 9, HOJAI, P.O. AND P.S. HOJAI DIST. HOJAI, ASSAM 2: SMTI. JAYA PAUL W/O SRI CHANDAN PAUL R/O KRISHNA NAGAR WARD NO. 9 HOJAI P.O. AND P.S. HOJAI DIST. HOJAI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR B CHANDA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 04.09.2025 Heard Mr. B. Chanda, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State respondent. 1. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, 1. Sri Chandan Paul and 2. Smti Jaya Paul, who are apprehending their arrest in connection with Hojai P.S. Case No. 122/2025 under Section 108/3(5) of BNS. 2. The allegation against the petitioner reflected in the FIR is that the husband of the informant was an employee of a wine shop owned by Ripon Paul, but he used to be harassed by the present petitioners who are the brother and sister-in-law of the said owner. It is alleged that after hearing harsh words from the accused persons, the deceased went away from the shop and was later on found hanging inside a building. 3. It is submitted that the present petitioners are not the owners of the wine shop and there would be no occasion for them to harass the employee. It is submitted that, in fact, the deceased was caught several times earlier for theft of money from the shop. 4. A bare perusal of the FIR does not disclose any mens rea on the part of the accused persons to drive the deceased to commit suicide. In any case, the present does not appear to be a case where any Page No.# 3/3 custodial interrogation of the petitioners would be necessary. Moreover pursuant to the interim protection granted by this Court, the petitioners appeared before the I.O. and their statement were recorded. 5. In the aforesaid circumstances, the order of interim pre arrest bail dated 06.06.2025 is hereby made absolute. Bail is granted on the condition that the accused shall regularly participate in the trial and shall not attempt to influence the witnesses. 6. Petition stands allowed. JUDGE Comparing Assistant