Page No.# 1/3 GAHC010066302025 2025:GAU-AS:4251 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./951/2025 RASIDUL ALI S/O SABDER ALI @ ABSHER ALI VILL- KOWARPUR, P.S.HAJO DIST.KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07-04-2025 Heard Mr. R. Ali, learned counsel for the petitioner Rasidul Ali, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 25.01.2025 in connection with Hajo Police Station Case No. 32/2025 under Section 103 (1) of Bharatiya Page No.# 2/3 Nyaya Sanhita, 2023 (GR No. 38/2025). 2. Heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam. 3. It is submitted on behalf of the petitioner that the inquest report reveals that no external injury was sustained by the victim. There was no marital disharmony as alleged in the FIR. It has been falsely alleged that the petitioner is guilty of murder. The victim fell down from her bed and the petitioner took the victim for treatment and the victim was found dead. 4. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner. Although no external injuries were reported in the inquest report, the post-mortem report reveals hemorrhage on both the cerebral hemispheres of the victim which suggests that this is not a case of suicide. 5. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. I have considered the submissions that the petitioner is the sole bread winner of the family and his minor son is at home alone with no one to take care of him. The petitioner is willing to cooperate with the remaining part of investigation as well as with the trial. 6. Considering all aspects, the petitioner is 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 learned Judicial Magistrate First Class, Hajo under the conditions that :- Page No.# 3/3 (i) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) the petitioner shall cooperate with the investigation, (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 of try to influence them. 7. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioner. 8. In terms of the above observation, this Bail Application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant