Page No.# 1/3 GAHC010256982025 2025:GAU-AS:15998 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3745/2025 BAHARUL ISLAM S/O LATE ABDUL KADIR, R/O JAMUGURI, P.S. JURIA, DIST. NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 25.11.2025 Heard Mr. S.M. Abdullah P, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail to the petitioner, namely, Baharul Islam, in connection with Juria Police Station Case No. 244/2025 under Section 103(1)/189(2) of the Page No.# 2/3 Bharatiya Nyaya Sanhita, 2023. 3. The allegation is that the main accused of the case, namely, Baharul Islam, who is the brother of the victim, assaulted the victim with a wooden batam, causing grievous injuries, which caused the instant death of the victim. 4. Learned Addl. PP has produced the Case Diary. 5. Learned counsel for the informant opposes the prayer for bail by submitting that the present petitioner is also involved in the assault upon the victim. 6. A perusal of the PM report indicates that the cause of death is kept pending till receipt of the FSL report pertaining to chemical analysis of viscera. However, as far as the PM report is concerned, it appears that not a single injury was found in the body of the deceased, which wholly inconsistent with the allegation of assault with a wooden batam and deadly weapon. Furthermore, the inquest report also does not indicate injuries on the body of the deceased. 7. The petitioner has already spent 56 days behind the bars. 8. Considering the above as well as the fact that the present petitioner is not an FIR named accused, the bail prayer is allowed. 9. Accordingly, it is directed that the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon, Assam in connection with the aforesaid case. 10. It is further provided that the petitioner shall co-operate with the investigation and shall not try to influence the witnesses or tamper with the evidence. 11. It is also provided that the petitioner shall not leave the District without prior permission of the learned Chief Judicial Magistrate, Nagaon, Assam. 12. It is further provided that the petitioner shall face the trial and shall appear before the learned Trial Court as and when required. The Bail Applications stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant