Page No.# 1/5 GAHC010271452024 2025:GAU-AS:917 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3906/2024 NAJRUL ISLAM @ NOZIRUL HOQUE AND ANR R/O BADLA PARTHER , PS NAGARBERA, DIST. KAMRUP, ASSAM 2: ABDUL GOFUR R/O BADLA PARTHER PS NAGARBERA DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MD A RAHMAN, MS. A KHATUN,MR. A AHMED Advocate for the Respondent : PP, ASSAM, MR A RAHMAN (INFORMANT),MR. S MUNIR(INFORMANT) Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 28.01.2025 Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent and Mr. S. Munir, learned counsel appearing on behalf of the informant. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioners, who have been arrested in connection with Nagarbera P.S. Case No. 122/2024, under Sections 61(2)/103(1) of BNS, 2023. Case Diary has been received. Perused the same. Heard both sides. Mr. Ahmed, learned counsel for the petitioners, submitted that admittedly the petitioner No. 1 had love affairs with the victim/deceased and when their marriage proposal was not accepted by the informant side, both the petitioner No. 1 and the victim eloped and subsequently they got married and their marriage was also registered on 21.11.2024. After their marriage, when the victim went to their house for the acceptance of their marriage, the informant side refused to accept their marriage and rebuke her with filthy language and also cursed her and for which, she got mental trauma and subsequently Page No.# 3/5 committed suicide only after 20 days of their marriage. Mr. Ahmed further submitted that both the petitioners are behind the bar for last 50 days and thus, the I.O. got sufficient opportunity to interrogate the present petitioners keeping them in custody and hence, their further custodial interrogation may not be necessary for the purpose of investigation. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that there are some allegations of mental and physical torture on the victim by the present accused/petitioners. However, he admitted that the petitioner No. 1 and the victim/deceased eloped with each other and they got married and their marriage was also solemnized as per Muslim Rituals. He further submitted that the Post Mortem Report is also available in the Case Diary, but the cause of death is yet to be ascertained as the viscera has already been sent to FSL for examination and the report is not yet received by the I.O. Accordingly, he submitted that the updated Case Diary may be called for along with the report from FSL to know the cause of death. Mr. Munir, learned counsel appearing on behalf of the informant, also submitted that the cause of death is yet to be ascertained and hence, the present bail application may not be considered at this stage. After hearing the submissions made by the learned counsels for both sides, I have also perused the Case Diary. It is a fact that both the petitioner No. 1 and the victim got married and their marriage was registered on 21.11.2024. Further, from the Post Mortem Report, it is seen that there was a non-continuous ligature mark on the neck of the victim, but there is no other Page No.# 4/5 mark of assault on her body. However, till date, the FSL Report could not be collected by the I.O., though the viscera has already been sent for examination. But, considering the entire circumstances of this case, more particularly, the length of detention already undergone by the accused/petitioners, this Court is of the opinion that further custodial interrogation of the present accused/petitioners may not be necessary for the interest of investigation and accordingly, I find it appropriate to allow the present bail application. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned JMFC, Boko, Kamrup, the accused/petitioners, namely, (i) Najrul Islam @ Nozirul Hoque & (ii) Abdul Gofur, be enlarged on bail, subject to the following conditions: (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the learned JMFC, Boko, Kamrup, without prior permission. Page No.# 5/5 In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant