Page No.# 1/3 GAHC010116162026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1259/2026 MD SURHAB ALI SON OF MD. MOFIJ UDDIN RESIDENT OF - 1 NO. KEHUTOLI, P.S. - LALUK, DISTRICT - LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. K BORUAH, MS. M BHUYAN,MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.07.2026 Heard Mr. K. Boruah, the learned counsel for the petitioner and Ms. S. H. Borah, the learned Additional public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Laluk P.S. Case No. 32/2026, registered under Section 103(1) of Page No.# 2/3 the BNS, 2023. 3. The FIR in connection with which the petitioner apprehends his arrest was lodged by the brother of the victim, wherein, it was stated that the victim was given in marriage to the petitioner about 6 (six) years ago and that from the day of the marriage, the victim was inflicted with physical and mental torture by the petitioner and his brother. It was also stated, that on two occasions, the petitioner and his brother tried to kill the victim by electrocution. He also stated that on 29.01.2026, at around 11:00 PM to 12:00 AM mid night, the petitioner along with his brother by conspiring killed the sister of the informant and fled away from the place of occurrence. The informant further stated that, it had come to his knowledge from the eye witnesses that his sister was found with injuries and that the petitioner and his family members in order concealed the incident, was making preparations for the last rites of the deceased. 4. The learned counsel for the petitioner submits that the incident is unfortunate as the victim had consumed poison and she died but the petitioner had no connection with the said offence. 5. On the other hand, Ms. S. H. Borah, on perusal of the Case Diary submits that the death of the victim was due to administration of poison and that the witnesses have stated that number of medicines along with a bottle of saline were found in the bed room of the victim. She therefore, states that by way of that saline the poison was injected upon the victim which led to her death. 6. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact that, two contrary statements were made in the FIR itself that the petitioners had run away from the place of occurrence and that the petitioner along with his family members were making preparation for the Page No.# 3/3 last rites of the deceased together with the fact that the only medicines were found in the bed room of the deceased and her husband, this Court deems it fit that the petitioner be enlarged on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of like amount to the satisfaction of the Arresting Authority on the following conditions: (i) The petitioner shall appear before the Investigating Officer within 7 days from the date of the order & would appear as and when call for. (ii) The petitioner will not influence the witnesses and not tamper with the evidence. (iii) The petitioner will not leave the place of his residence without the permission of the Arresting Authority. (iv) If the petitioner is not found to have appeared before the Arresting Authority on 1 (one) single day, the bail order will be amenable for cancellation by the appropriate Court. 7. The AB application is accordingly, disposed of. JUDGE Comparing Assistant