Page No.# 1/4 GAHC010126372025 2025:GAU-AS:11950 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1322/2025 FIRDUS @ KHAYRUZ ZAMAN SK S/O- LT. AJGAR ALI SK, R/O- MADHUSOULMARI PT II, PS- GAURIPUR, DISTRICT- DHUBRI, ASSAM, PIN- 783331 2: NUR @ NOORAZ ZAMAN SK S/O- LT. AJGAR ALI SK R/O- MADHUSOULMARI PT- II PS- GAURIPUR DISTRICT- DHUBRI ASSAM PIN- 783331 3: EDU @ ASRUZ ZAMAN SK S/O- LT. AJGAR ALI SK R/O- MADHUSOULMARI PT- II PS- GAURIPUR DISTRICT- DHUBRI ASSAM PIN- 783331 4: BABY @ AKLIMA BIBI D/O- LT. AJGAR ALI SK R/O- MADHUSOULMARI PT- II PS- GAURIPUR DISTRICT- DHUBRI ASSAM PIN- 78333 VERSUS Page No.# 2/4 THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS P BARMAN, MS J A RAHMAN,MR K THAKUR,MR. SANU HUSSAIN Advocate for the Respondent : PP, ASSAM, MR. M J BARUAH (INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 03.09.2025 1. Heard Mr. H.R.A Choudhury, learned Sr. counsel assisted by Mr. S Hussain, learned counsel for the petitioner. Also heard Mr. M.J Baruah, learned counsel for the informant and Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. By this application the petitioners have sought for bail in connection with Gauripur P.S Case No. 234/2025 under Section 61(2)/103(1) of BNS, 2023. 3. The F.I.R dated 21.05.2025 lodged by the wife of the deceased person reveals that on the same day at around 8:00 PM, the petitioners along with others, by pre-planning killed her husband with weapons in his house and that she made hue and cry and her husband was taken to the hospital by the neighboring people. 4. Mr. H.R.A Choudhury, learned Sr. counsel submits that the wife of the deceased person i.e. the informant was not at the place of Page No.# 3/4 occurrence as could be seen from the annexures annexed by him in the petition showing that she was in the market, at that juncture. He also placed the FIR lodged by the mother of the deceased in which the mother has arrayed other accused persons to have killed her son. 5. Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam, by relying on the Case Diary of both the cases i.e. the case instituted by the wife of the deceased and the mother of the deceased submits that there are enough materials against all the accused persons i.e. the 4 petitioners. He has also placed the statement of the wife of the deceased person and the other independent witnesses who had stated that they had seen all the accused persons including the petitioners in the house of the victim and one of the witness had stated that he saw the petitioners dragging out the victim from his house and the victim shouting for saving him. 6. There are also other witnesses, to the effect that one boy who was going through the house of the deceased person, saw the accused persons i.e. the petitioners dragging the victim inside the house from where he heard noises of the victim for saving him and that thereafter, the voice of the victim stopped. 7. Mr. M.J Baruah, learned counsel for the informant had also placed the statement of the victim’s wife as well as other statements which showed the presence of the accused persons at the place of occurrence and who were also seen assaulting the victim. Page No.# 4/4 8. Upon consideration of the submissions made at the bar and on perusal of the records where independent witnesses had seen all the four petitioners including others to have dragged the victim in and out of the house and also the statement of the wife of the victim that she was elsewhere but then she was called to the house of the victim and upon reaching the place she found the victim lying with injuries, this Court does not deem it fit to release the petitioners on pre-arrest bail. 9. In view of the above, the petition stands dismissed. JUDGE Comparing Assistant