Page No.# 1/3 GAHC010028402025 2025:GAU-AS:4654 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/303/2025 SRI SHANIDUL ISLAM @ PRITAM DEKA S/ O HAJARAT ALI, R/O NO 3, BORDALONI, P.O MANDIRA, DISTRICT BARPETA , ASSAM VERSUS THE STATE OF ASSAM REP BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P BOIRAGI, MS. S DIHINGIA,MR. S J SARMAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 11-04-2025 Heard learned counsel Mr. P. Boiragi for the petitioner Sri Shanidul Islam @ Pritam Deka, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Barpeta Road Police Station Case No. Page No.# 2/3 165/2024 under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner is that he is involved in the death of victim X. 4. Learned counsel for the petitioner has submitted that it is true that the petitioner had an affair with the victim but he is not involved with her death. The prime accused have already been forwarded to custody. 5. I have scrutinized the Case Diary. The merits of the case are not brought to the fore. I have also scrutinized the post-mortem report. Investigation has progressed substantially. The FSL Report is also received. 6. It appears that pre-arrest bail may be granted to the petitioner. I have considered the submissions that the petitioner is a local resident and he is willing to cooperate with the investigation. 7. 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/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, Page No.# 3/3 (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission and, (iv) the petitioner shall not exercise threats to the witnesses or try to influence them. 8. On breach of any of the bail conditions, the bail order shall automatically stand cancelled. 9. In terms of the above observation, this Anticipatory Bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant