Page No.# 1/5 GAHC010025972025 2025:GAU-AS:3630 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/314/2025 SUMEET HANDIQUE S/O LT.NUPUR BHUKHAN HANDIQUE R/O DEMOW ALUN NAGAR, WARD NO. 7, P.O. DEHAJAN P.S. DEMOW DIST. SIVASAGAR, ASSAM PIN-785662. VERSUS THE STATE OF ASSAM TO BE REP BY THE PP, ASSAM Advocate for the Petitioner : MR A A DEWAN, MR H A RASHID Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 28/03/2025 Heard Mr. A A Dewan, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. Apprehending his arrest, the petitioner, namely, Sumeet Handique, son of Lt. Nupur Bhukhan Handique, resident of Demow Alun Nagar, Ward No. 7, P.O. Dehajan, P.S. Demow, District-Sivasagar, has filed this application on 10.02.2025 under Section 482 BNSS, 2023, seeking pre-arrest bail in Demow Police Station Case No. 5/2025 registered under Sections 103(1)/3(5)/61(2) BNS, 2023 corresponding to G.R. No. 17/2025. 3. As per the FIR dated 17.01.2025 lodged by the complainant before the Officer-in-Charge of Demow Police Station, the case is that on the night of 14.01.2025 around 8:00, his youngest son, Suraj Barua was mercilessly beaten up by one Sri Sumeet Handique and his brother-in-law due to which his son expired in the Dibrugarh Medical College & Hospital on 17.01.2025. In the said FIR, the complainant also indicated that on the night of 14.01.2025, his said son and the youngest daughter-in-law quarreled with each other due to some domestic incident and it was not known who called said Sumeet Handique and his brother-in-law to their home, but they came and physically assaulted his youngest son and because of such merciless assault on his son, Suraj Barua, he expired on 17.01.2025. Said FIR was accordingly registered as Demow P.S. Case No. 5/2025 under Sections 103(1)/3(5)/61(2) BNS, 2023 corresponding to G.R. No. 17/2025. 4. According to the petitioner, he is no way connected with the case and that the deceased is a habitual drunkard and was suffering from illness due to which he was mentally broken down and because of excessive drinking of alcohol, his son died in the hospital during treatment. 5. Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam. 6. The postmortem report of the deceased No. 112/2025 dated 18.01.2025 issued by the Page No.# 3/5 Assam Medical College & Hospital pertaining to Suraj Barua, son of Sri Hemanta Baruah, the complainant indicates the cause of death of the deceased, son of the complainant due to Coma as a result of the head injury sustained by the deceased and that all the injuries sustained by the deceased were ante mortem in nature and caused by blunt force impact. 7. The postmortem report of the deceased indicates an abrasion of size (i) 9 cm. X 4 cm. over his left arm, 9 cm. above the elbow joint, (ii) a contusion of size 10 cm. X 5 cm. present over the lateral aspect of right arm, 5 cm. below the shoulder joint. The said Postmortem report also specified that on the scalp of the deceased, a contusion of size 7 cm. X 6 cm. over the right temporoparietal region. 8. It is seen from the case diary that in spite of giving sufficient information to the petitioner and service of notice, he did not appear before the Investigating Officer of the case. However, the brother-in-law of the petitioner, Nayan Dip Duara was arrested in said Demow P.S. Case No. 5/2025 and being 17 years old and a Child Conflict with Law (CCL), he was produced before the Juvenile Justice Board at Sivasagar. The concerned Investigating Officer has already recorded the statement of the witnesses acquainted with the fact including the independent witnesses. 9. From the case diary, it is seen that on the basis of an information submitted by the concerned Doctor in the Surgical Ward of the Assam Medical College & Hospital, Dibrugarh pertaining to the death of the deceased, son of the complainant; Borbari Outpost G.D. Entry No. 591 dated 18.01.2025 was registered that is available in the case diary which indicates that the concerned doctor informed the said Borbari Outpost that the deceased sustained injury and was also admitted in the Dibrugarh Medical College & Hospital, Dibrugarh on 14.01.2025, but he expired in the evening around 6:05 on 17.01.2025, while he was under treatment. In the said information provided to the Borbari Outpost, the concerned doctor also indicated that the deceased sustained injuries due to fall. 10. The case diary also indicates that it is the brother-in-law of the petitioner on whose assault the deceased fell down and it is the petitioner who along with him brought his said brother-in-law to the house of the complainant. 11. Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioner, named above, is not warranted to investigate the said Demow P.S. Page No.# 4/5 Case No. 5/2025. As such, this pre-arrest bail application of the petitioner is accepted. 12. Accordingly, in the event of arrest of the petitioner, Sumeet Handique, in said Demow P.S. Case No. 5/2025 registered under Sections 103(1)/3(5)/61(2) BNS, 2023 corresponding to G.R. No. 17/2025, he shall be released on bail on furnishing a bail bond of Rs.1,00,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the arresting authority, subject to the conditions that the petitioner – (i) shall appear before the Investigating Officer of said Demow P.S. Case No. 5/2025 on or before 01.04.2025 and his statement shall be recorded by the concerned I/O of the case and also thereafter, as and when he is required in connection with the said Demow P.S. case. (ii) further, shall appear before the Investigating Officer of said Demow P.S. Case No. 5/2025 on every Monday commencing from 07.04.2025 for the next 3 (three) English Calendar months during the office hours; (iii) shall not leave the territorial jurisdiction of said Demow Police Station, without obtaining prior written permission from the concerned I/O of the case; (iv) shall not hamper with the investigation, or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (vi) shall not threat the informant or anyone of his family by himself or by others or by anyone, acting on his behalf; and (vii) shall not involve himself in any criminal activities in future. 13. Violation of any of the aforesaid terms and conditions by the petitioner, Sumeet Handique, the pre-arrest bail granted to him in said Demow P.S. Case No. 5/2025 shall stand automatically vacated. Page No.# 5/5 14. Accordingly, this pre-arrest bail application stands disposed of. 15. Return the case diary. JUDGE Comparing Assistant