Page No.# 1/3 GAHC010248902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3626/2025 MUKESH KR. RAI AND ORS S/O- KUNTA RAI. R/O- PUBERUN NAGAR, RAILLINE , HOUSE NO.19, P.S.- SATGAON, DIST.- KAMRUP(M), ASSAM 2: KUNTA RAI S/O- LATE LAGAN RAI. R/O- PUBERUN NAGAR RAILLINE HOUSE NO.19 P.S.- SATGAON DIST.- KAMRUP(M) ASSAM 3: KAJAL KUMARI W/O- RAJESH KUMAR. R/O- PUBERUN NAGAR RAILLINE HOUSE NO.19 P.S.- SATGAON DIST.- KAMRUP(M) ASSAM 4: SUNITA DEVI W/O- MUKESH KR. RAI R/O- PUBERUN NAGAR RAILLINE HOUSE NO.19 P.S.- SATGAON DIST.- KAMRUP(M) ASSA VERSUS Page No.# 2/3 THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N MAHAJAN, MR. D BORA,MR. P K DAS,MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM, MR. K BHATTACHARJEE (INFORMANT) B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.11.2025 Heard Mr. B. Mahajan, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the petitioners, namely, 1) Mukesh Kr. Rai, 2) Kunta Rai 3) Kajal Kumar and 4) Sunita Devi in connection with Satgaon Police Station Case No. 188/2025 under Section 103/3(5) of BNS, 2023. 3. 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 case. 4. The learned counsel for the petitioners 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 Nos. 2, 3 and 4. 5. It is further contended that the petitioner No. 1 did not assault the deceased and he could have died of natural causes. Page No.# 3/3 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 petitioners 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. Having regard to the above as well as the period of detention since they were arrested on 08.10.2025, the prayer for bail is allowed. 9. Accordingly, the petitioners named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety each of the like amount to the satisfaction of the learned Elaka Magistrate in connection with the aforesaid case. 10. It is further provided that the petitioners shall co-operate with the investigation and shall not try to influence or intimidate the witnesses or tamper with the evidence. 11. It is also provided that the petitioners shall not leave the District without prior permission of the learned Elaka Magistrate. The Bail Application stands disposed of. Send back the Case Diary. JUDGE Comparing Assistant