Page No.# 1/3 GAHC010168662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1860/2025 RAHAM ALI SON OF KUDDUS ALI R/O IVLL- ALURBHAIU P.O. SILGARA P.S.KOKRAJHAR DIST. KOKRAJHAR (BTR), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S C DAS, D R BONGSHIARY,MR. C. SHIL,P BURAGOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 04.11.2025 1. Heard learned counsel Ms. D. R. Bongshiary for the petitioner, Raham Ali, who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail, as he is apprehending arrest in connection with Kokrajhar Page No.# 2/3 P.S. Case No. 186/2024 under Sections 365 of the IPC. 2. Heard learned Additional Public Prosecutor, Mr. K. Baishya for the respondent State. 3. The allegation against the petitioner is that he in cohorts with his wife called the victim Meser Ali over phone and killed the victim and disposed off his body. Out of suspicion, an FIR was lodged by the victim’s father who stated that the victim Meser Ali was employed in Delhi as a labourer and thereafter, he has been missing while he was returning home by train from Delhi on 21.02.2023. A frantic search was made by the family members and the family members have unearthed that the victim was in contact with the phone number, 8472019299. 4. It is submitted on behalf of the petitioner that this number does not belong to the petitioner. It is further submitted that the petitioner has no record of visiting Delhi. 5. On the contrary, learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary and strong suspicion lies against the petitioner. 6. The petitioner and the victim used to work together and on a relationship between the petitioner’s wife and the victim, strong suspicion arises that the petitioner may have eliminated the victim. Even after thorough investigation, the body could not be recovered nor the whereabouts of the victim is known. 7. I have also scrutinized the Case Diary. Investigation has progressed substantially. Indeed the petitioner is a suspect. 8. It appears that at this juncture, bail may be granted to the petitioner. The petitioner is a local resident and he is not a flight risk. The petitioner has pledged to co-operate with the remaining part of investigation. Page No.# 3/3 9. Considering all aspects, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioner shall not exercise threats to the witnesses or try to tamper with the evidence, (ii) The petitioner shall appear before the Investigating officer on every fortnight till completion of investigation, and (iii) The petitioner shall not leave the jurisdiction of the court without prior permission. 10. On breach of any of the bail conditions, bail order granted to the petitioner shall stand automatically cancelled. 11. This application stands disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant