Page No.# 1/3 GAHC010122072025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1266/2025 RAHUL NEWAR S/O LT DHAN BAHADUR NEWAR R/O VILL NO 2 BATAMARI PO RANGACHAKUA MOUZA MURHADOL PS JAMUGURI DIST SONITPUR ASSAM 782122 VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. M SAIKIA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.06.2025 1. Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Rahul Newar, who is apprehending his arrest in connection with Chariduar P.S. Case No. 44/2025 under Section 108 of BNS. Page No.# 2/3 3. The gist of accusation in this case is that on 20.03.2025, one Heera Newar had lodged an FIR before the Officer-in-charge of Chariduar Police Station, inter alia, alleging that 19.03.2025, the daughter of the informant, namely, Robina Newar, aged about 22 years, committed suicide by hanging. It is alleged in the FIR that the daughter of the informant was having love affairs with the present petitioner and it is suspected that she committed suicide due to mental torture caused by the petitioner. 4. The learned counsel for the petitioner has submitted that the accusations levelled against the present petitioner in the FIR are not true. He submits that the petitioner is working in Indian Army as an Agniveer and presently posted in Jammu and Kashmir. He further submits that the petitioner was having a relationship with the deceased, however, when the deceased committed suicide, he was not here, he was at Jammu. He further submits that the petitioner is ready to co-operate in the investigation. 5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Chariduar P.S. Case No. 44/2025 and has submitted that the investigation reveals that the petitioner was in relationship with the deceased and the witnesses whose statement were recorded under Section 180 of BNS have indicated the present petitioner. He further submits that though the post- mortem report shows that the death caused due to Asphyxia caused to anti- mortem hanging. However, as regards whether the deceased was pregnant at the time of her death, the report in that regard has not yet been received. 6. I have considered the submissions made by the learned counsel for both the sides. 7. Though, there is evidence that petitioner was in relationship with the Page No.# 3/3 deceased and the Investigating Officer has found some messages between the petitioner and the deceased showing that their relationship soured at some point of time. However, considering the entire materials on record, this Court is of the opinion that if the petitioner co-operates in the investigation, his custodial detention may not be necessary for fair completion of the investigation of Chariduar P.S. Case No. 44/2025. 8. Hence, the above named petitioner is directed to appear before the Investigating Officer of Chariduar P.S. Case No. 44/2025 within a period of 20 days from the date of this order and co-operate in the investigation. If he does so, within the stipulated period of time in the event of his arrest in connection with Chariduar P.S. Case No. 44/2025, he shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority, with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 9. This anticipatory bail application is accordingly disposed of. 10. Send back the case diary. JUDGE Comparing Assistant