Page No.# 1/4 GAHC010166132026 2026:GAU-AS:12454 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2271/2026 GANGA PRASAD SAHU S/O LATE UTTIM LAL SAHU R/O HOUSE NO. 11, 2ND FLOOR LAVANYA SUHAGPUR, P.B. ROAD, P.S. PALTAN BAZAR, DISTRICT KAMRUP (M), ASSAM 781008 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR G CHAMUAH, MR. D GOGOI Advocate for the Respondent : PP, ASSAM, MR K JAIN(INFORMANT),MR. D K JAIN(INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.08.2026 Heard Mr. G. Chamuah, learned counsel for the petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor appearing for the State of Assam and Mr. K. Jain, learned counsel for the informant. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023 whereby the petitioner, namely, Ganga Prasad Sahu has prayed for releasing him on bail after he was arrested in connection with Paltanbazar Police Station Case No. 196/2026 registered under Section 108 of BNS, 2023. 3. The FIR in connection with which the petitioner has been arrested was lodged on 20.07.2026 by the father of the deceased, stating, inter alia, that his daughter was married to the petitioner on 19.02.2018 and that the petitioner, his wife and their minor daughter were residing in a residential complex. He further stated that he received information on 19.07.2026 that his daughter had died in unusual circumstances. 4. The learned counsel for the petitioner submits that, in the FIR itself, the informant had stated that he suspected the petitioner to be responsible for the death of his daughter. He further submits that the petitioner has been in custody for 39 days and that custodial interrogation is not required. 5. Ms. S. H. Borah, learned Additional Public Prosecutor appearing for the State, submits that the post-mortem report of the deceased shows that she died due to suicide, although the final opinion was kept pending till receipt of the FSL report. She also submits that there are independent witnesses who had heard the quarrel that had taken place between the petitioner and the deceased prior to the occurrence. 6. Mr. K. Jain, learned counsel for the informant, submits that the instant FIR was lodged by the father in a hurried manner and that the circumstances surrounding the death of the deceased were otherwise different. He submits that the deceased was pregnant and, upon coming to know that she was carrying a girl child, the petitioner quarrelled with her to such an extent that she committed suicide. Page No.# 3/4 7. Upon consideration of the submissions made by the learned counsel for the parties, more particularly, in view of the fact that the FIR was lodged on suspicion, and also considering that, in order to establish a charge of abetment under Section 108 of the BNS, 2023, the specific particulars constituting such abetment ought to be available, which are found to be missing in the instant case, this Court deems it fit and proper to enlarge the petitioner on bail on furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) only, with one local surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), subject to the following conditions:- 1. That the petitioner shall appear before the Investigating Officer and co-operate in the investigation as and when required; 2. The petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from Officer-in-Charge, Paltanbazar Police Station. 3. That the petitioner shall not hamper or tamper with the investigation in any manner; and 4. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case. Page No.# 4/4 8. If any of the conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioner. 9. This Bail application is accordingly stands disposed of. 10. Returned the Case Diary. JUDGE Comparing Assistant