Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 18062 (GAU)

MONOWAR MOLLAH v. THE STATE OF ASSAM

Bail Appln./2738/2025 · 2025-09-18

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010194422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2738/2025 MONOWAR MOLLAH S/O-LT.ABDUS SATTAR R/O-VILL-JANGAL CHIRAKHOWA P.O-KALAPANI P.S-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM-783135 VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. C CHAKRAVARTY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 19.09.2025 Heard Mr. C. Chakravarty, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State and Mr. M. R. Khandakar, learned counsel appearing for the informant. 2. This application has been filed under section 483 of the Bharatiya Page No.# 2/3 Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Monowar Mollah, has prayed for bail in connection with Mankachar P.S. Case No. 102/2025 registered under Sections 61(2)/103/85 of BNS, 2023. 3. The case arose out of an ejahar dated 09.07.2025 lodged by the father of the victim deceased naming four accused persons including the wife of the present petitioner with the allegation that they inflicted continuous physical and mental torture upon the informant’s daughter and ultimately she died and he suspects that the accused persons have killed his daughter. The present petitioner, though not named in the ejahar, was asked to appear before the Investigating Officer and on 17.07.2025 and that though he appeared, he was arrested on 21.07.2027 and in the forwarding report it is stated that he was also responsible for harassing the deceased along with the F.I.R. named persons. 4. The Case Diary has been received. 5. The learned Addl. P.P. submits that with regard to the present accused the only incriminating material is that he had threatened the victim on one occasion. 6. Mr. M. R. Khandakar, learned counsel has appeared for the informant and has strongly opposed to the grant of bail and contends that all the all the accused persons F.I.R. named and others together conspired and killed the daughter of the victim. 7. The present petitioner has been arrested on 21.07.2025 and since then he has been pre-trial detention. Though the case of the present accused on the basis of the existing materials is not a situation of non- existent of incriminating materials and that there are some incriminating Page No.# 3/3 materials against him too, nevertheless, considering the progress of investigation and his pre- trial detention since 21.07.2025, I am of the considered view that it might be just and proper to release the petitioner on bail at this stage. 8. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Mankachar P.S. Case No. 102/2025 registered under Sections 61(2)/103/85 of BNS, 2023, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court (learned CJM, Mankachar). 9. The direction for bail is further subject to the following conditions: (a) That the petitioner shall be available for trial; (b) That the petitioner shall not hamper or tamper with evidence; and (c) shall not intimidate or harass the informant/victim side, in any manner. 10. Violation or breach of any condition(s) shall entail cancellation of bail. 11. With the above observations, this bail petition stands allowed and disposed of accordingly. 12. Return back the case diary. JUDGE Comparing Assistant