Page No.# 1/3 GAHC010003992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/44/2025 ZAKARIA @ JAKIR HUSSAIN AND ANR S/O AZAD ALI, RESIDENT OF VILLAGE TUMNI LAWKHOWA, PS SOUTH SALMARA, DIST SOUTH SALMARA MANKACHAR ASSAM 783127 2: ZIADUR RAHMAN @ JIYADUR PRODHANI S/O ABDUL BAHEZ PRODHANI @ BAHEZ PRODHANI RESIDENT OF VILLAGE TUMNI LAWKHOWA PS SOUTH SALMARA DIST SOUTH SALMARA MANKACHAR ASSAM 78312 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR A ALIM SK, MR K ISLAM,MD. I H KHAN Advocate for the Respondent : PP, ASSAM, MR. S RANA (INFORMANT) Linked Case : AB/132/2025 JAHANGIR ALOM S/O ABDUL KALAM AZAD R/O HOUSE NO. 80 PRIYA NAGAR BHALUKDUBI GOALPARA PIN-783101 ASSAM PH. NO. 6003643487 Page No.# 2/3 VERSUS THE STATE OF ASSAM REP BY PP ASSAM ------------ Advocate for : MR. R B GOHAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.02.2025 Since these applications arises out of the same FIR, both the applications are taken up together for disposal by this common order. 2. Heard Mr. MU Mondal as well as Mr. RB Gohain, the learned counsel appearing for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam and Mr. S. Rana, the learned counsel appearing for the informant. 3. Both these applications are filed under Section 482 of the BNSS, 2023, praying for pre- arrest bail in respect of Goalpara P.S. Case No. 90/2024. 4. Late Azahar Ali was taking treatment at a Drug Rehabilitation Centre run by Good Health Foundation Trust. On 25.06.2024, Azahar Ali died in that Rehabilitation Centre. 5. The postmortem report was kept pending initially and the viscera was sent for chemical examination. It gave positive test for carbamide insecticide. On the basis of the said report, the doctor gave final opinion regarding the cause of death and the report reveals that the deceased died because of asphyxia, as a result of ante-mortem hanging. 6. Mr. Mondal has submitted that the petitioners, Zakaria @ Jakir Hussain and Ziadur Rahman @ Jiyadur Prodhani were also druggists and they were treated in the said Rehabilitation Centre. Therefore, they advised Azahar Ali to get re-admitted in the said hospital. 7. Mr. RB Gohain, has submitted that the petitioner Jahangir Alom is a trustee of Good Health Page No.# 3/3 Foundation Trust and he was not running the said Rehabilitation Centre. 8. Pursuant to the interim order granted in favour of the petitioners, Zakaria @ Jakir Hussain and Ziadur Rahman @ Jiyadur Prodhani, they have appeared before the Investigating Officer and they have co-operated with the investigation. 9. I have considered the submissions made by the learned counsels of both sides. 10. This Court is of the opinion that at this stage, there is no sufficient evidence to implicate the present three petitioners with the death of Azahar Ali in the Rehabilitation Centre. Therefore, they do not deserves to be detained in custody. 11. The pre-arrest bail applications of the petitioners, Zakaria @ Jakir Hussain, Ziadur Rahman @ Jiyadur Prodhani & Jahangir Alom are allowed. 12. The interim bail granted by this Court on 09.01.2025 in favour of the petitioners, Zakaria @ Jakir Hussain and Ziadur Rahman @ Jiyadur Prodhani is hereby made absolute. 13. It is further directed that in the event of arrest in connection with Goalpara P.S. Case No. 90/2024, the petitioner, Jahangir Alom shall be released on bail of ₹ 25,000/- with a surety of like amount to the satisfaction of arresting authority. 14. All the three petitioners are directed to appear before the Investigating Officer as and when called for. With the aforesaid direction, both the bail applications are disposed of. The CD (s) shall be returned. JUDGE Comparing Assistant