Page No.# 1/3 GAHC010152932025 2025:GAU-AS:13049 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2259/2025 SIDDEK ALI SON OF LATE MOSAID ALI PERMANENT RESIDENT OF VILL- USHNABAZ ANGLARBAZAR, P.S. BADARPUR, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19-09-2025 Heard learned counsel Mr. M. Ahmed for the petitioner Siddek Ali, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 09.03.2025 in connection with G.R. Case No. 2265/2025, PRC No. 1265/2025 arising out of Badarpur Page No.# 2/3 Police Station Case No. 311/2024 registered under Sections 117/109/103(2) of the Bharatiya Nyaya Sanhiga, 2023, pending in the Court of learned Judicial Magistrate First Class-II, Sribhumi. 2. It is submitted that the petitioner is 68 (Sixty Eight) years old. He is willing to cooperate with the trial. This case is the result of two incidents. The petitioner is the father-in-law of the deceased who was assaulted to death, allegedly by the petitioner and his family members and another victim, who was assaulted along with the deceased but that victim managed to survive after being aggressively and relentlessly assaulted by the petitioner, allegedly and his family members. 3. It is submitted on behalf of the petitioner that the petitioner is not involved in the incident. The female members of the family are responsible for the death of the deceased, who was the petitioner’s daughter-in-law. 4. Learned Additional Public Prosecutor Mr. P. Lahkar has raised serious objection, stating that at the behest of the petitioner, other family members assaulted not one but two individuals relentlessly and mercilessly. Being the head of the family, it was the duty of the petitioner to interfere and prevent the crime but the petitioner acted in tandem with the other accused. 5. I have considered the submissions at the bar with circumspection. 6. The petitioner has also prayed for bail on the ground of parity. I have also scrutinized the scanned copies of Trial Court Records. Charge sheet has been laid against the petitioner as a prima facie case has been found against him. Indeed there are incriminating materials against the petitioner. However, I have Page No.# 3/3 considered the age of the petitioner and the submissions of the petitioner that he will cooperate with the trial and abide by any stringent bail conditions if imposed upon him. 7. It appears that the petitioner may be granted bail. Thereby, the petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with one suitable surety of like amount to the satisfaction of the Eleka Magistrate/jurisdictional Court under the conditions that :- (i) the petitioner shall not leave the jurisdiction of the Court without prior permission till conclusion of trial, (ii) the petitioner shall not exercise threats to the witnesses or try to tamper with the evidence. 8. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant