Page No.# 1/3 GAHC010267002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3907/2025 SRI ARUP MUDIAR AND ANR S/O LATE LAKHI MUDIAR,RESIDENTS OF VILLAGE - SUKAPARA, P.O. P.S. - BELSOR, DISTRICT- NALBARI, ASSAM, PIN - 781304. 2: SMTI REBATI MUDIAR W/O LATE LAKHI MUDIAR BOTH ARE RESIDENTS OF VILLAGE - SUKAPARA P.O. P.S. - BELSOR DISTRICT- NALBARI ASSAM PIN - 781304 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. K M HASSAN, MS. S NAZNEEN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 06.02.2026 Heard Mr. K. M. Hassan, learned counsel for the petitioners and Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent. Page No.# 2/3 [2] This application has been filed by the petitioners namely, (1) Sri Arup Mudiar and (2) Smti Rebati Mudiar under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail in connection with Belsor P.S. Case No. 104/2025 under Section 103(1) of BNS, 2023. [3] The learned counsel for the petitioners submits that the petitioner No. 2 is on interim bail granted by this Court vide order dated 04.12.2025 and she has cooperated with the investigation. [4] As per allegation, the deceased who is the wife of the petitioner No. 1 was found hanging in her maternal home and the FIR has been lodged by the informant who is the mother of the deceased. As per the FIR, it was alleged that the deceased was murdered by the accused petitioners. [5] The case diary alongwith the post-mortem report is received. As per the post-mortem report, the cause of death is mentioned as suicidal hanging and therefore, Section 103 (1) of BNS, 2023 is not attracted in the present case. [6] Having regard to the above as well as the period of detention of 78 days so far it relates to the petitioner No. 1, further detention of the petitioner No. 1 is not warranted. [7] Accordingly, the prayer for bail is allowed. The petitioner No. 1 Sri Arup Mudiar shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand only) with one surety of the like amount to the satisfaction of the learned Eleka Magistrate in connection with the aforementioned case. [8] It is further provided that the petitioner No. 1 shall cooperate with the investigation and shall not try to influence the witnesses or any person Page No.# 3/3 acquainted with the facts of the case and shall not hamper or temper with the evidence of the case. [9] The interim order dated 04.12.2025 passed earlier in respect of the petitioner No. 2 Smti Rebati Mudiar is hereby made absolute subject to the same terms and conditions mentioned in the interim order itlsef. [10] In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant