Page No.# 1/4 GAHC010222812024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2840/2024 AMBIYA KHATUN W/O LATE CHAN MIAH R/O VILL- HAPACHARA PATHAR, P.O. MOINBARI P.S. KALGACHIA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P A AHMED, MR B ISLAM Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2667/2024 ABDUL MOTALEB @ ABDUL MATALEB S/O IMAN ALI R/O VILL- FULARAR CHAR P.S. KALGACHIA DIST. BARPETA ASSAM Page No.# 2/4 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. P A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : AB/3413/2024 ABDUL HAI S/O TAIZ UDDIN VILL- PACHIM MOINBORI FULORAR CHAR P.S. KALGACHIA DIST. BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.01.2025 Heard Mr. H.R.A.Choudhury, learned Senior Counsel assisted by Mr. N.Uddin, learned counsel and Mr. P.A. Ahmed, learned counsel for the petitioners. Also heard Mr. D.Das, learned Additional Public Prosecutor for the State respondent. All these three applications under Section 482 of the BNSS, 2023 has been filed by the petitioners, Ambiya Khatun, Abdul Motaleb @ Abdul Mataleb and Abdul Hai praying for releasing them on pre-arrest bail apprehending arrest in connection with Kalgachia PS Case No. 63/2024 under Section 396/34 of the IPC. On 25.05.2024, at about 11 pm, late Aynal Hoque Mondal, aged about 43 years had disappeared. Next day, his sandal, gamocha were recovered from the bank of river Brahmaputra. On 29.05.2024, at about 8 am, the dead body of Aynal Hoque was found floating in the river with his hands and feet tied with plastic ropes and a scarf tied around his neck. The father of the deceased has alleged that the present petitioners along with some other persons had a long standing dispute with his son and they might have killed his son. Case diary reveals that when the wife of the deceased had talked with him over phone, he told her that Ambia Khatun, Samesh Uddin and Somer Ali were with him at that time. Case diary further reveals that Aynal Hoque had a tractor which he used to give to other people in lieu of money. The deceased Aynal Hoque had a bullock cart and he used the bullock for his agricultural purpose but he never took the truck Page No.# 4/4 of Abdul and on that issue, Abdul was unhappy with Aynal Hoque. One day, Abdul tied the buffalo of Aynal Hoque so that both the buffalows start fighting with each other. It was expected that the buffalows would get injuries and on that issue, they had a quarrel whereby Abdul Hai, Rejjak Ali and Abdus Salam had threatened Aynal Hoque. Mr. Das, learned Addl.P.P. submits that this is a case of last seen together. I have heard the submission of both sides. This court is of the considered view that the principle of last seen together is a fact that is to be proved in a trial. For the aforesaid reasons, the present petitioners do not deserves to be detained in custody. Their bail application is hereby allowed. It is hereby directed that in the event of the arrest of the aforesaid petitioners, they shall be released on pre-arrest bail on furnhishing bail of Rs.20,000/- each with suitable sureties of like amount to the satisfaction of the arresting authority subject to the condition that they shall appear before the I.O. within 10 days from today and shall co-operate with the investigation of the case as and when required. With the above directions, the pre-arrest bail application is disposed of. Return the case diary. JUDGE Comparing Assistant