Page No.# 1/3 GAHC010045352025 2025:GAU-AS:4204 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./604/2025 RAJESH KUNDU ALIAS GOPAL KUNDU S/O RADHA RAMAN KUNDU @ RADHAMOHAN KUNDU, RESIDENT OF LANKA PATTY, WARD NO. 1, PS LANKA, DIST HOJAI, ASSAM 2: IMDADUR RAHMAN S/O LATE FAKAR UDDIN RESIDENT OF VILLAGE DIGHIRPAR PS BADARPUR DIST SRIBHUMI ASSAM 3: NUMAN AHMED S/O LATE KHALILUR RAHMAN RESIDENT OF VILLAGE DORAIL PS BADARPUR DIST SRIBHUMI ASSAM 4: REZZAK ALI S/O ABDUL KHALEK RESIDENT OF VILLAGE MAZARCHAR PS ALUOTICHAR DIST BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Page No.# 2/3 Advocate for the Petitioner : MD A RAHMAN, SAMIM RAHMAN,MS SURAYA RAHMAN,MR A W AMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 05-04-2025 Heard Mr. A.W. Aman, the learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing on behalf of respondent. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for bail to the accused/petitioner, who has been languishing in jail hazot since 06.01.2025 in connection with Lanka P.S. Case No. 03/2025 u/s 61(2)/80 of Bharatiya Nyaya Sanhita, 2023, R/W Section 4 of the Dowry Prohibition Act, 1961. 3. It is submitted by Mr. Aman that today is the 90 days of custody of the petitioner and till date the Investigating Officer could not furnish the charge- sheet and accordingly he prayed to consider the bail of the present petitioner on the length of detention. 4. Mr. Kaushik, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present petitioner. However, the case is still under investigation and the Post Mortem report is to be collected by the Investigating Officer. Page No.# 3/3 5. Hearing the submissions made by learned counsel for both sides and without going into the detail of the merit of the case it is seen that inspite of lapse of 90 days in custody the I/O could not file the charge-sheet and accordingly I find it a fit case to allow the petitioner to go on bail considering the length of detention. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Hojai. The accused/petitioner, namely Rajesh Kundu @ Gopal Kundu, 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 required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten 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; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Hojai without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant