Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010164792025
2025:GAU-AS:13279
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2425/2025 JINNAT ALI S/O- RAMJAN ALI. R/O- BHAKHURADIA, P.S. - NAGARBERA, DIST.- KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.09.2025 Heard Mr. A. Paramanik, learned counsel for the petitioner and Mr. R. Kaushik, learned Addl. P.P., Assam for the State. By this application filed under Section 483 of the BNSS, 2023 the petitioner, viz., Jinnat Ali has prayed for bail in connection with Nagarbera
Page No.# 2/3 Police Station Case No.54/2025 registered under Sections 61(2)/103(1) of the BNS, 2023. The F.I.R. dated 11.07.2025 reveals that the petitioner, who is the husband of the victim, is stated to have physically and mentally tortured the victim right after the marriage and that on 09.07.2025 during the night hours the victim was brutally assaulted by the petitioner as well as his family members. It is further alleged in the F.I.R. that when the family members of the informant was informed that the victim had committed suicide they reached the place of the victim and saw the victim lying on the bed and that a quarrel ensued between the family members and the relatives of the victim. Mr. Paramanik, learned counsel for the petitioner submits that the story projected in the F.I.R. is incorrect inasmuch as there was no torture on the part of the victim meted out by the petitioner and that there was no dowry demand as well. He also submits that the victim had no injury on her body and that the petitioner is not involved in the said offence. He also submits that the petitioner has been incarcerated for 75 days and that bail may be considered in respect of the petitioner. Mr. R. Kaushik, learned Addl. P.P. for the State, however, submits that the statements of the witnesses recorded by the Investigating Officer reveals that the victim was tortured by the petitioner during the subsistence of the marriage. He has also placed reliance upon the post-mortem report wherein it is found that ligature mark on the neck of the victim was not continuous which shows
Page No.# 3/3 that the victim died of hanging.
He, as such, submits that due to the physical and mental torture meted out to the victim she ended herself by committing suicide. I have heard the learned counsel for the parties and have gone through the records as well as the Case Diary. It is noticed that the victim was tortured by the petitioner during her marriage with the petitioner as is revealed by the witnesses in their statements before the Investigating Officer. The post-mortem report also demonstrates that the victim died of suicide and in view of the same, this Court does not deem it fit to release the petitioner on bail at this stage and as such, the Bail Application is dismissed. JUDGE Comparing Assistant