Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010162802025
2025:GAU-AS:11205
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2394/2025 DILNUR ALI S/O DILBAHAR ALI R/O VILL- DINKAR P.S. KAMALPUR, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P DAS, MS N BARUAH,MR. S K NATH Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 21-08-2025 Heard Mr. P. Das, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner, namely, Dilnur Ali, who was arrested in connection with Kamalpur P.S. Case No. 82/2025 under Sections 108/3(5) of the BNS, 2023. Page No.# 2/3
3. Mr. Borthakur, learned Addl. PP placed the case diary before the Court, however, it is submitted by Mr. Borthakur that as per information, the I.O. has not yet collected the FSL report till date. 4. Mr. Das, learned counsel submitted that the present petitioner is innocent and he has not committed any such offence, as alleged in the FIR. 5. It is submitted that it is a fact that the deceased stole some articles from the garage of the present petitioner and when he cautioned and questioned as to why he committed theft, the deceased got frightened and fled away from the place. Thereafter, the petitioner has no knowledge as to what had happened with the victim and subsequently, he came to know that the victim had committed suicide by hanging himself. The petitioner was arrested in connection with this case on 15.07.2025 and for the last 38 days he is in custody and as such, the I.O. got sufficient opportunity to interrogate him, keeping him in custody. Accordingly, Mr. Das submitted that the petitioner may be released on bail and he will extend his cooperation with the I.O. in further investigation of the case. 6. Mr. Borthakur, learned Addl. PP submitted in this regard that it is a fact that the boy was chased by some of the accused persons, but thereafter, what had happened to the boy or how he committed suicide is not available in the case diary and post mortem report reveals that it may be a case of suicidal hanging. 7. Considering the submissions of the learned counsel for the parties and also considering the materials in the case diary, I find that further custodial interrogation of the petitioner is not required for investigation of the case and accordingly, I find it to be a fit case to extend the privilege of bail to the
Page No.# 3/3 petitioner. 8.
Accordingly, the accused/petitioner, namely, Dilnur Ali, be released on bail in connection with Kamalpur P.S. Case No. 82/2025 under Sections 108/3(5) of the BNS, 2023 on furnishing a bond of Rs. 30,000/- (Rupees Thirty Thousand) only, with one surety of like amount to the satisfaction of the learned SDJM, Rangia, subject to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (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/her from disclosing such facts to the Court or to any police officer. 9. With the above observation and direction, this bail application stands
disposed of.
10. Return the Case Diary herewith.
JUDGE Comparing Assistant