Page No.# 1/3 GAHC010192792025 2025:GAU-AS:12873 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2788/2025 NAZIRUL ISLAM S/O NURUL ISLAM R/O VILL CHENIMARI BIL PS JURIA DIST NAGAON ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A W AMAN,MR. SURAJIT DAS,MD A RAHMAN,SAMIM RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 18.09.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraskha Sanhita, 2023, whereby the accused petitioner namely, Nazirul Islam, has prayed for bail in connection with Juria P.S. Case No. 205/2025, under Section 61(2)/103(1)/238(a)/3/5 of BNS, 2023. 3. The allegations in the FIR dated 26.07.2025 lodged by Manjila Khatun stating inter alia that after the death of her husband, the FIR named accused persons took her minor daughter to their house with a promise to provide care and education. Subsequently, on 20.07.2025, the informant came to know about the death of her daughter. 4. The learned counsel for the petitioner submits that the petitioner has been in under trial detention since 30.07.2025. 5. The learned Additional Public Prosecutor has produced the case diary and submits that there are sufficient incriminating materials against the petitioner. She has raised objection against the prayer of the petitioner. 6. Perused the case diary. The investigation is in progress. Upon perusing the materials in the case diary, it appears that the incriminating materials against the present accused from the investigation, prima facie, leans towards section 238 BNS (corresponding to earlier section 201 of IPC) – which criminalize punishes the offence of causing disappearance of evidence etc. The said penal provision has several limbs regarding sentence and if the said offence is committed with regard to capital offence, then it is punishable up to 7 years. Thus, in such a situation, applicable statutory would be 60 days. 7. In the aforesaid facts and circumstances perhaps, this accused can be allowed to go on bail, subject to suitable conditions. Page No.# 3/3 8. Accordingly, the accused-petitioner, shall be released on bail in connection with Juria P.S. Case No. 205/2025, under Section 61(2)/103(1)/238(a)/3/5 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. 9. The direction for bail is further subject to the conditions: (a) That the petitioner shall not abscond and render full cooperation with the remaining investigation and shall be available for trial if one commences; (b) That the petitioner shall not hamper or tamper with evidence; and (c) That the petitioner 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 disposed of on the aforesaid terms. JUDGE Comparing Assistant