Page No.# 1/3 GAHC010270742025 2025:GAU-AS:17674 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3949/2025 MD RAHMAT KHAN AND ANR S/O MD. RAFIK KHAN R/O TINGRAI BENGALI GAON, MAKUM P.S. MAKUM DIST. TINSUKIA, ASSAM 2: FOYAJ AHMED @ FOYAJ AHAMED S/O MD. KAMAL UDDIN AHMED R/O TINGRAI ROAD MAKUM P.S. MAKUM DIST. TINSUKIA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N HASAN, MR SUBHRAJIT SAIKIA,MR. I K BURAGOHAIN,MR. A HASAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 18.12.2025 Heard Mr. N. Hasan, learned counsel for the petitioners. Also heard Mr. Page No.# 2/3 R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioners namely, Md. Rahmat Khan and Foyaj Ahmed @ Foyaj Ahamed, have prayed for bail in connection with Makum P.S. Case No. 50/2025 under Setion 105/3(5) of BNS, 2023. 3. They were arrested on 10-11-2025 and stated to have completed about 39 days in pre-trial detention. 4. The case arose out of an FIR dated 06-11-2025. It appears that the victim/deceased Tinku Tiwari was arrayed as an accused in Makum P.S. Case No. 48/2025 with the allegation of misbehaving with a schoolgirl whom he was carrying in his e-rickshaw to the school. It is alleged in the present FIR that on 27-10-2025 his neighbour Meraj Ahmed deceitfully engaged the informant's son, who was the victim, for driving his e-rickshaw and later, on that day, some people brutally assaulted him on different parts of the body and while being in judicial custody in connection with that other case, his condition became serious and he died in AMCH, Dibrugarh. She has further alleged that on 27-10-2025 when her son was caught hold of by the public, someone took video and circulated it on social media from where it came to be seen that a group of persons had surrounded her son and tied up his hands and assaulted him. She has also named one person named Ajit Ghosh who had participated in the same assault and tied up her deceased son. 5. The learned counsel draws my attention to the order of the learned Magistrate at the time of production, contending that it does not reveal injuries on the body. It is also submitted that the petitioners are innocent and that they have already spent 39 days under trial detention and should Page No.# 3/3 be released. 6. The case diary has been received. 7. It is submitted that there is progress in investigation; however, the FSL report of viscera is awaited. I have perused the post-mortem report which reveals abrasions of size 3 X 1 cm over right side of forehead and 1 cm below hairline; abrasion of 6 X 1 cm over left forearm; contusion 3 X 2 cm over cheek below right eye; contusion of size 3 X 3 cm over upper lip on right side. 8. The I/O submitted a bail objection, where inter alia it is stated that on 27th October 2025, a video of the assault was taken and circulated in social media from where the said Ajit Ghosh and others were identified and that the victim died due to the assault as well as negligence of the jail officer. 9. I have given my consideration to the matter. Considering the materials revealed by the investigation, the nature of the circumstances in which the incident is supposed to have taken place, and the fact that the investigation is still in progress, - the bail petition stands rejected at this stage and disposed of accordingly. 10. Return back the case diary. JUDGE Comparing Assistant