Page No.# 1/3 GAHC010280192024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3442/2024 MD ABDULLAH HUSSAIN @ BIKI BORA S/O LATE ARIF HUSSAIN RESIDENT OF ISLAM NAGAR, UNDER DERGAON POLICE STATION, IN THE DISTRICT OF GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 15.10.2025 1. Heard Mr. B.M. Choudhury, learned counsel for the petitioner. Also heard Mr. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. By the application, the petitioner has sought for pre arrest bail in connection Page No.# 2/3 with Pulibor PS Case No. 161/2024 registered under Section 103 of the BNS, 2023. 3. The FIR dated 22.11.2024 lodged by the brother of the victim reveals that the younger brother namely Sri Biswajit Bora was recovered in an unconscious state in own garden of his house and that he was taken to the hospital and the doctor declared him to be dead and that on examination of the mobile phone of the deceased person it was found that he communicated with the petitioner number of times by calling him as well as by exchange of messages. On suspicion, the said FIR was lodged against the petitioner. 4. Mr. B.M. Choudhury, learned counsel for the petitioner submits that the FIR was lodged only on suspicion and that the petitioner has no connection what so ever with the death of the deceased person. He further states that the body of the deceased person was found in his own house and that the petitioner has no role in his death. 5. Mr. K. Parasar, learned Additional Public Prosecutor for the State of Assam, on perusal of the case records, have submitted that the messages found in the phone of the victim were that the victim died by committing suicide in as much as he have written that he is not in a position to live and that he had debt of lakhs of rupees but in the said message he fairly submits that to whom he owes the money is not reflected much less the petitioner. He also submits that the post mortem report of the victim also does not reflect the cause of death and the final cause of death was left for the FSL report and as such he submits that this is not a case where the petitioner is involved. 6. The petitioner was released on interim bail by order dated 06.02.2025 with the condition that he would appear before the investigating officer within a Page No.# 3/3 period of 10 days and in pursuance to the same, the petitioner had appeared before the I.O. and statement was recorded. In view of the same, this court finds it fit to make the interim order dated 06.02.2025 absolute with the following conditions. (i) The petitioner shall cooperate with the investigation and appear before the I/O within 7(seven) days from the date of this order. (ii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioner shall not leave their place of residence without the permission of the arresting authority. 7. In view of the above, petition stands disposed of. JUDGE Comparing Assistant