Page No.# 1/4 GAHC010151642025 2025:GAU-AS:10168 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2280/2025 MAMIRUL ISLAM S/O- MOTLEB ALI. VILL.- BAR RAVATARY PART-I, P.O.- RAVATARY, P.S.- SOUTH SALMARA, DIST.- DHUBRI, ASSAM, PIN-783127. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. M U MONDAL, MR A ALIM SK,MS. N NASRIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 05.08.2025 Heard Mr. H. R. A Choudhury, learned Senior Counsel assisted by Ms. S. Nasrin, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 2. 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 South Salmara Mankachar P.S. Case No. 57/2025, under Sections 137(2)/103/3(5) of BNS. 3. Case Diary has been received and I have perused the same. 4. It is submitted by Mr. Choudhury, learned Senior Counsel for the petitioner, that the present accused/petitioner is innocent and has not committed any such offence as alleged in the F.I.R. However, it is a fact that there was a love relationship between the present accused/petitioner and the deceased and as the deceased was minor at the relevant time of incident, the petitioner and his family members refused for their marriage. On that grudge only, the F.I.R. has been lodged implicating the present petitioner. Mr. Choudhury, learned Senior Counsel, further submitted that the petitioner has been custody for last 57 days and hence, considering his length of detention, he may be released on bail. However, the petitioner will extend his full co-operation in further investigation of this case if he is granted with the privilege of bail. 5. Mr. Borthakur, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against the present accused/petitioner and the incident had happened soon after 2 (two) days of the alleged kidnapping of the minor victim. Further he submitted that the FSL Report is still awaited and therefore no conclusive opinion could be given by the doctor regarding the cause of death of the deceased as to whether it was a Page No.# 3/4 suicidal hanging or it was a manual strangulation. But, from the blood report, it reveals that there is no trace of ethyl alcohol or other poison and thus, it reveals that it cannot be a case of poisoning. However, the cause of death is yet to be ascertained. Accordingly, Mr. Bothakur raised objection in granting bail to the present accused/petitioner at this stage. 6. After hearing the submissions made by the learned counsel for both sides and also on perusal of the Case Diary, it is seen that the cause of death could not be ascertained by the doctor as the FSL report is still awaited. Further it is seen that the ligature mark was seen in the neck of the deceased but the same is not conclusive as to whether it was a suicidal hanging or manual strangulation. Thus, considering the entire aspects of the case, materials available in the Case Diary and the length of detention already undergone by the present accused/petitioner, I find that further custodial interrogation of the present petitioner may not be necessary for the purpose of investigation and therefore, I find it a fit case to extend the privilege of bail to the present accused/petitioner. 7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, South Salmara Mankachar, the accused/petitioner, namely, Mamirul Islam, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by Page No.# 4/4 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, South Salmara Mankachar, without prior permission. 8. In terms of above, this bail application stands disposed of. 9. Case Diary be returned. JUDGE Comparing Assistant