Page No.# 1/3 GAHC010243782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3578/2025 ARIFUR RAHMAN ALIAS TUTU SON OF LATE HIRA MOHAMMAD, R/O DERGAON TOWN, W/NO 4, 3RD GATE DERGAON, P.S. DERGAON, DIST. GOLAGHAT VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 21.11.2025 Heard Mr. S.M. Abdullah P, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor. 2. By this petition under Section 483 BNSS, the accused-petitioner, namely, Arifur Rahman @ Tutu, who was arrested on 28.08.2025 in connection with Dergaon PS Case No. 90/2025 under Section 103(1)/3(5) of BNSS is seeking Page No.# 2/3 bail. 3. That the petitioner begs to state that the informant of the present case one Md. Iqbal Asfikur Rahman, S/o- Late Motiur Rahman, lodged an ejahar dated 19.08.2025 alleging inter alia that about 17 years ago, accused Md. Arifur Rahman married the informant's sister Mrs. Jafrina Rahman, aged 35 years. Since marriage, the complainant's sister was subjected to physical and mental torture by her husband. About one month ago, Mrs. Jafrina Rahman was tortured and was driven out of her house, later on matter was settled. That on 19.08.2025 at around 1:30 PM, accused Arifur Rahman called the complainant over phone and informed him that his sister had committed suicide by hanging. When the complainant went to see, he found that his sister's both legs were tied up and she was lying on the bed. At that time, accused Md. Shale Ahmed @ Jitu, stated that he had broke the door and tried to rescue the complainant's sister. However, the complainant didn't notice any door or signs of any door being broke. Further, Mrs. Jun Maina (a relative of Md: Arifur Rahman), D/o Miss Mina Begum, stated that she tied the legs. From this, the complainant suspects that his sister did not commit suicide, but thor it was a pre-planned murder. On receipt of the ejahar, a case was registered as Dergaon PS Case no 90/2025 u/s 103(1)/3(5) BNS dated 19.08.2025 and started investigation. 4. Although the case is registered under section 103(1)/3(5) of BNS, subsequently Section 108 BNS was added thereby, indicating that according to the I.O. this is a case of suicide and in respect of thereof the statutory period of detention is 60 days. However, petitioner has been in custody for 86 days and since the purported suicide note is said to be with the FSL, it does not appear likely that the I.O. would be able to file charge- sheet in the next four days either. Page No.# 3/3 5. Having regard to the above, the prayer for bail is allowed. 6. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- with one surety of like amount to the satisfaction of learned CJM, Golaghat in connection with the aforesaid case. 7. It is further provided that the petitioner shall regularly appear at the trial and shall not try to influence or intimated the witnesses. 8. Return the case diary. JUDGE Comparing Assistant