Page No.# 1/5 GAHC010036822025 2025:GAU-AS:4810 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/459/2025 ABDUL MALEK AND ANR S/O LATE RAHAM ALI R/O VILL-TARANGAPUR, P.O. TULSIBARI P.S. LAKHIPUR DIST. GOALPARA, ASSAM 2: ALI HOSEN @ ALI HUSSAIN R/O VILL-TARANGAPUR P.O. TULSIBARI P.S. LAKHIPUR DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR B ISLAM,MR S ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 22.04.2025 Heard Mr. N. J. Dutta, learned counsel for the petitioners. Also heard Mr. D. B. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Lakhipur P.S. Case No. 243/2024, under Sections 61(2)/103(1)/3(5) of BNS, 2023 (corresponding to GR Case No. 936/2024). 3. Updated Case Diary, along with the Post Mortem Report, has already been received and I have perused the same. 4. It is submitted by Mr. Dutta, learned counsel for the petitioners, that the present accused/petitioners are innocent and they are not at all involved in the Page No.# 3/5 alleged offence. However, it is a fact that the petitioner No. 1 is the father of the prime accused, who had love affairs with the victim, and the petitioner No. 2 is a neighbor. But, apart from that, they are no way connected in the alleged offence. He further submitted that the earlier anticipatory bail application of the present petitioners was rejected by this Court only with an observation that the cause of death is not given in the Post Mortem Report as the report from the FSL was yet to be collected by the I.O. and also considering the fact that the father of the victim/deceased implicated the present accused/ petitioners. He further submitted that they have already collected the certified copy of the Post Mortem Report which reveals that there is no other injury except non- continuous ligature mark on the neck of the victim/deceased, which was because of suicide. He also submitted that from the F.I.R. as well as from the Post Mortem Report, it is seen that the case does not fall under Section 103(1) of BNS, as registered. However, the present accused/petitioners are ready and willing to co-operate the I.O. in further investigation of this case if they are granted with the privilege of pre-arrest bail. 5. Mr. Goswami, learned Additional Public Prosecutor, submitted in this regard that the FSL Report is still awaited and hence, the cause of death is yet to be determined by the Doctor. However, he submitted that from the description of the injury made in the Post Mortem Report, it is seen that there was a non- continuous ligature mark on the neck of the victim/deceased and no other external injury could be found on the body of the victim/deceased. He further submitted that except the informant, the other witnesses did not implicate the present accused/ petitioners. More so, from the statement of the mother of the victim/deceased, it is seen that she only implicated the accused No. 1/prime Page No.# 4/5 accused, who had love affairs with the victim/ deceased. 6. Considering the entire submissions made by the learned counsels for both sides, materials so far collected by the I.O., viz-a-viz the injury as described in the Post Mortem Report, I find that the custodial interrogations of the present accused/ petitioners are not necessary in this case and accordingly, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioners. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Abdul Malek & (ii) Ali Hosen @ Ali Hussain, in connection with Lakhipur P.S. Case No. 243/2024, under Sections 61(2)/103(1)/3(5) of BNS, 2023 (corresponding to GR Case No. 936/2024), they shall be enlarged on pre-arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and (ii) that the petitioners 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 him from disclosing such facts to the Court or to any police officer. Page No.# 5/5 8. The anticipatory bail application stands disposed of in terms above. 9. The Case Diary be sent back. JUDGE Comparing Assistant