Page No.# 1/3 GAHC010150362025 2025:GAU-AS:11842 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2211/2025 ATOWAR RAHMAN AND ANR S/O AJIT DEWANI @ ABDUL AZIZ MIAH R/O VILL- SHERSHOW BHANGARPAR (BOROKOLIA NASKARA) P.S. FAKIRGANJ DIST. DHUBRI, ASSAM 2: RASHIDA KHATUN W/O ATOWAR RAHMAN R/O VILL- SHERSHOW BHANGARPAR (BOROKOLIA NASKARA) P.S. FAKIRGANJ DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR. M. ALOM,MR. S R ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.09.2025 Heard Mr. B. Choudhury, learned counsel for the petitioners and Mr. P.S. Lahkar, learned Addl. Public Prosecutor for the State respondent. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in respect of the accused/petitioners namely Atowar Rahman and Rashida Khatun, in connection with PRC No. 498/2025 pending before the Court of learned Chief Judicial Magistrate, Dhubri corresponding to Fakirganj Police Station Case No. 04/2025 under Section 140 (1) of Bharatiya Nyaya Sanhita, 2023. 3. The allegations against the petitioner is that the informant namely Nur Hussain lodged an FIR on 13.01.2025 stating that on 11/01/2025 the FIR named accused persons asked the informant's son to come to his home for returning the money which he should get from the accused persons. On the same day at about 4:30 PM the informant's son went to the house of the accused namely Atowar Rahman, to get back his money but the informant’s son did not return to his own house from the house of the accused persons and also his mobile phone was switched off. After some time the informant informed his neighbours regarding the matter and they searched for him but his son is untraced till now. Later, the motorcycle of the missing person was found near the house of the FIR named accused Page No.# 3/3 Atowar Rahman. Therefore the informant suspects that the accused persons kidnapped and murdered his son and concealed his dead body at an unknown place. Accordingly, after receiving of the written FIR, a case has been registered vide Fakirganj Police Station Case No. 04/2025 Under Section 140(1) of Bharatiya Nyaya Sanhita, 2023. 4. It is submitted on behalf of the accused/petitioners that the accused/petitioners have been behind the bars for 180 days and the charge-sheet has already been filed and the case is pending at the stage of appearance, and accordingly prays for grant of bail. 5. On the other hand, the learned Addl. Public Prosecutor, with reference to the material available on record submits that on the day of occurrence when the victim had gone to the house of the accused persons, the victim was killed and thereafter buried in the kitchen in the house of the accused persons and covered with kitchen utensils and that the dead body was recovered by the police later on being led by the accused persons. 6. Having regard to the gravity of the offence and the purported role of the accused persons in commission of the said offence, the prayer to bail is rejected at this stage. 7. The Bail Application accordingly stands dismissed. JUDGE Comparing Assistant