Extracted from the PDF above. The PDF is authoritative.
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2025:GAU-AS:14618
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3422/2025 MUSTAFIJUR RAHMAN S/O- FAZLUR RAHMAN. R/O- KOWARPUR, BULLUT BAZAR, P.S -HAJO, DISTRICT- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR R A AHMED, N NATH,MR M AHMED,MR. N J DUTTA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 30.10.2025 Heard Mr. N.J. Dutta, learned counsel for the petitioner and Mr. K.K. Parashar, learned Addl. Public Prosecutor for the State respondent. 2. By this application, the petitioner has prayed for bail in connection with Hajo P.S. Case No. 344/2025 registered under Section 61(2)/103(2) of BNS,
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2023. 3. The FIR dated 16.08.2025 reveals that the petitioner and the victim, i.e., the sister of the informant got married way back in 2018 and they have a 3 years old daughter out of the said wedlock. However, it was stated in the FIR that the victim was subjected to torture by the petitioner and his family members and that on 16.08.2025 at about 4:00 P.M, the informant was informed that his sister committed suicide by hanging from a ceiling fan. On receipt of the ejahar, the petitioner registered the case as mentioned above. 4. Mr. N.J. Dutta, learned counsel for the petitioner had placed the forwarding report, wherein it was stated that the petitioner alongwith the relatives had tortured the victim for money and that one fine day, the victim was found dead hanging from a ceiling fan. He submits that on the day of occurrence, the petitioner was not at home and he also submits that the petitioner has been inside the jail for 75 days and also that the relatives of the petitioner were already enlarged on bail. 5. Mr. K.K. Parashar, learned Addl. Public Prosecutor however submits that the Postmortem Report shows that the victim died of hanging as the prelature mark was non continuous and that the mother of the victim had stated that petitioner and his family members had demanded money from the victim. 6.
On consideration of the submissions made at the bar, moreso, seeing the length of detention of the petitioner and his absence during the day of occurrence, this Court deems it fit that the petitioner be released on bail on furnishing bail bond of Rs. 20,000/-, with 1 local surety of the like amount to the satisfaction of the Judicial Magistrate, 1st Class, Hajo under the following conditions:-
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1. The petitioner will appear before the Investigating Officer as and when called for. 2. The petitioner will not leave his place of residence without the permission of the Investigating Officer mentioned above. 3. The petitioner will not influence the witnesses which are connected with the instant case. 7. Bail Application stands disposed of. JUDGE Comparing Assistant