Page No.# 1/4 GAHC010268712025 2025:GAU-AS:16671 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2856/2025 RAJESH KUMAR ALIAS RAJESH KR RAI S/O KUNTA RAI R/O PUBERUN NAGAR, RAILLINE, HOUSE NO. 19, P.S. SATGAON,DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 04.12.2025 1. Heard Mr. N. Mahajan, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Rajesh Kumar @ Rajesh Kr. Rai, seeking pre-arrest bail in connection with Satgaon P.S Case No. 188/2025 registered under Sections 103/3(5) of BNS, 2023. 3. The allegations as per the present FIR is that on 8.10.2025, the informant lodged an FIR before the Officer-in-Charge of Satgaon Police Station alleging inter-alia that there had been a long standing dispute between her family and the family members of the FIR named accused. On 7.10.2025 at around 9 PM, a scuffle took place between the families and Mukesh Rai struck Smt. Seeta Devi on her head with a bamboo stick. When Seeta Devi's father-in- law Suresh Rai tried to intervene, all the accused on a fit of rage turned upon him and physically assaulted him with bamboo stick. Striking him repeatedly on his head and other parts of his body due to which said Suresh Rai sustained grievous injuries and fell unconscious and subsequently doctor declared him dead on being shifted to Down Town Hospital, Guwahati and hence, the present Page No.# 3/4 case. 4. The learned counsel for the petitioner submits that as per the FIR, as far as the allegation of causing the death of the deceased, there is no allegation against the petitioner. 5. It is further contended that the petitioner did not assault the deceased and he could have died of natural causes. 6. Case Diary as called for has been received. Upon perusal of the Case Diary, it appears that some of the witnesses have implicated the petitioner but as per the inquest report, only the left shoulder and left side of abdomen was found swollen. Further, no injury on any part of the body mentioned in the Post Mortem Report but it appears in the said Post Mortem Report, upon examination of the thorax it is found that the heart is conjested weighing 520 grams with multiple white patches present over the surface at places and on dissection, chambers are narrowed and coronaries are thickened, lumens narrowed and completely blocked at places and chambers contain liquid and clotted blood. 7. From the above finding in the Post Mortem Report, it appears that the deceased possibly died of heart attack, which no doubt may have been induced by the situation that the deceased found himself in but that by itself could not bring the case within the ambit of Section 103/3(5) of the BNSS, 2023. 8. The co-accused in the case have already been granted regular bail vide order dated 27.11.2025 in Bail Appln. No.3626/2025. Page No.# 4/4 9. Having regard to the above, it is provided that in the event of his arrest in connection with the above-noted case, the above- named petitioner, shall be released on pre-arrest bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of the like amount subject to the satisfaction of the arresting authority with following conditions: (a) That the petitioner shall co-operate with the investigation and shall not try to influence or intimidate the witnesses or tamper with the evidence; (b) That the petitioner shall not leave the District without prior permission of the learned Elaka Magistrate. 10. Accordingly, this anticipatory bail petition stands allowed and disposed of. JUDGE Comparing Assistant