Page No.# 1/3 AHC010259932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3239/2024 ROMEN ROHIDAS S/O KAMAL ROHIDAS R/O KHATISONA, NAKACHARI GAON, JORHAT, P.O. KHATISONA, P.S. MARIANI PIN-785635 DIST. JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N D BHUYAN, MR. A. M. SIDDIQUE,MR P D BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21-01-2025 Heard Mr. A.M. Siddique, the learned counsel for the petitioner. Also heard Mr. R.J. Page No.# 2/3 Baruah, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioners in connection with Mariani P.S. Case No. 108/2024 under Sections 85/108 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary received. Perused the same. Heard both sides. 4. It is submitted by Mr. Siddique, the learned counsel for the petitioners that the present petitioner is innocent and he is no way involved with the alleged offence. He works in a CRPF and most of the time he used to remain outside for his duty. He further submitted that after long years of their marriage the victim conceived but at the time of Sonography it reveals that the right kidney of the child in her womb is already damaged and coming to know about the report she was under depression and finally after the delivery of the baby boy also while consulted with the doctor after obtaining all the test it was reported that the right kidney of the baby boy is not functioning. Hearing that and coming to know about all these reports she was under depression and out of which she committed suicide. He also appeared before the IO and his statement is recorded after obtaining the interim pre-arrest bail he appeared before the Investigating Officer and her statement is accordingly recorded and he is still ready and willing to co-operate with the Investigating Officer for further investigation. 5. Mr. Baruah, the learned Additional Public Prosecutor submitted in this regard that from the Case Diary it reveals that the accused appeared before the Investigating Officer and his statement is already been recorded and he is co-operating with the investigation but however till date the death cannot be ascertained due to non-receipt of the FSL report. However, it is seen that from the Medical Report it is seen that there was a non-continuous ligature mark on the neck of the victim. Mr. Baruah also submitted that it is a fact that the baby born with a damaged right kidney which is also available in the Case Diary and the report is also collected by the IO . 6. Considering the submissions made by the learned counsels for both sides, the conduct of the present petitioner and other aspects of the case, I find that custodial interrogation may not be necessary in the instant case and accordingly the interim order dated 10.12.2024 is Page No.# 3/3 hereby made absolute and extended the privilege of pre-arrest bail to the accused/petitioner. JUDGE Comparing Assistant