Page No.# 1/3 GAHC010165442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1871/2025 SHAHIDUL ISLAM AND ANR S/O- SUKUR ALI. R/O- VILL.- NOPARA PAM (BARCHAR). P.S.- SIALMARI, DIST.- NALBARI, ASSAM. 2: SAHARA KHATUN W/O- SUKUR ALI. R/O- VILL.- NOPARA PAM (BARCHAR). P.S.-SIALMARI DIST.- NALBARI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S A AHMED, MS. K DAS,MR. F A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA 26 . 09. 2025 Heard Mr. S.A. Ahmed, learned senior counsel for the petitioners and Ms. A. Begum, learned Addl. P.P. for the State respondent. This application has been preferred by the petitioners namely, (1) Page No.# 2/3 Shahidul Islam and (2) Sahara Khatun under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail, apprehending arrest in connection with Hajo P.S. Case No. 249/2025 under Sections 103(2)/3(5) of BNS, 2023. The factual matrix as projected in the FIR is that an FIR was lodged by one Bachir Ali on 17.06.2025 with the O.C., Ramadia Out Post Police Station alleging inter alia that there have been continuing an illicit relation between the accused No. 1 and the accused No. 5 about 6/7 years. In this regard, village meeting was held and they have been prohibited not to do such an act but they did not obey the suggestion and have been continuing the same. The husband of the accused No. 5, Ansar Ali, who is the elder brother of the informant on several occasions, asked his wife not to involve such illicit act but she did not follow the worlds of her elder brother and was continuing her illegal act with accused No. 1. Both of them threatened the informant’s elder brother to kill him. Accordingly, on 16.06.2025 at about 3.00 am, the above named accused called the informant’s elder brother with an intention to kill him through accused No. 6. Accordingly, the accused persons together killed the informant’s elder brother and built a story of committing suicide. It is mentioned that the accused No. 7 and accused No. 8 made a conspiracy and killed informant’s brother and made out a story of suicide. It is submitted that the co-accused of this case namely accused Nos. 7 and 8 Ala Ali and Abu Hanifa @ Hanif Ali have already been granted bail by the learned Addl. Sessions Judge, Kamrup, Amingaon. The learned Addl. P.P. submits that the case is pending for chemical examination and opposed the prayer for bail. However, perusal of the post- mortem report, it shows that the MD has given the following findings – Page No.# 3/3 “A depressed non continuous ligature mark of size 37 cm x 1 cm presence over upper part of the neck above the level of thyroid cartilage going obliquely upward and backward behind the mastoid on both side, non-continuity being the position of the knot is presence over the occipital area. The floor of the ligature mark shows pressure abrasion. On dissection, the neck tissues underlying the ligature mark are found to be pale, while and glistening and prechmentised. Adjacent neck tissue, larynx, trachea and hypoid bone is healthy.” From the above, it is clearly reveals that this is a suicidal death. Considering the above, prayer for pre-arrest bail is allowed. The learned Addl. P.P. has opposed the prayer for bail. Accordingly, it is directed that in the event of arrest of the petitioners named above, the petitioners are allowed to go on pre arrest bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand only) each with two sureties each of like amount to the satisfaction of the arresting authority. It is further provided that the petitioners shall appear before the I.O. within 7 (Seven) days from today for recording their statements. The bail application is disposed of. Return the case diary. JUDGE Comparing Assistant