Page No.# 1/4 GAHC010010132025 2025:GAU-AS:1024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./117/2025 SAHAJAHAN ALI S/O JAHURUDDIN RESIDENT OF VILLAGE NO. 2, POLASHGURI, PS GOSSAIGAON DIST KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MD A RAHMAN, MS SURAYA RAHMAN,MR SARFRAZ NAWAZ,MR A W AMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29.01.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Gossaigaon P.S. Case No. 04/2025, under Sections 281/105 of BNS, 2023. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Nawaz, learned counsel for the petitioner, that from the contents of the F.I.R. itself, it is seen that there is no ingredients to attract Section 105 of BNS, which is a case for culpable homicide not amounting to murder. He further submitted that at best there may be a case under Section 106(1) of BNS as the deceased might died due to rash and negligent driving of the present petitioner, but there cannot be any intention to cause the death of the deceased. More so, the present petitioner is behind the bar for last 17 days and thus, the I.O. got reasonable time to interrogate the petitioner keeping him in custody. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that there may not be any intention to cause death of the deceased, but due to his rash and negligent driving, out of 7 (seven) persons, 3 (three) persons fell Page No.# 3/4 down from the vehicle and 2 (two) sustained injury and the deceased died due to coma as a result of severe head injury. After hearing the submissions made by the learned counsels for both sides and also on perusal of the materials available in the Case diary, it is seen that there is no evidence to attract Section 105 BNS in the present case. However, due to rash and negligent driving which were endangered to the human life, 3 (three) persons sustained injury and out of which, one died. However, from the facts and circumstances of this case, it cannot be said that there was a direct intention to cause death of a person by the present petitioner. In view of above, I am of the view that further custodial interrogation of the present petitioner may not be necessary in the present case and therefore, I find it a fit case to extend the privilege of bail to the present accused/petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned SDJM(M), Gossaigaon, the accused/petitioner, namely, Sahajahan Ali, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when called for; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the Page No.# 4/4 facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned SDJM(M), Gossaigaon, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant