Page No.# 1/3 GAHC010163352026 2026:GAU-AS:12848 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2256/2026 SWAPAN MANDAL SON OF NAKUL MANDAL VILL MUKTARAMPUR CHENCHRE PS TAPAN DIST DAKSHIN DINAJPUR WEST BENGAL, INDIA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B J MUKHERJEE, MS R SAHA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 03.09.2026 Heard Mr B J Mukherjee, learned counsel for the petitioners. Also heard Mr R J Baruah, learned Additional Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for bail in connection with Bijni P S Case No. 80 of 2026, under Section 103(1) of the BNS, 2023. 3. The First Information Report in connection with which the petitioner was arrested, was lodged on 14.06.2026, by the mother of the deceased, stating inter lia, that her daughter got married to the petitioner around 4 years back and that a child was also Page No.# 2/3 born out of the said wedlock. She, however, stated that her daughter was subjected to torture by her husband at her matrimonial house and that unable to bear the torture, her daughter came to her house, and that on 11.06.2026, at around 09:30 am, the petitioner also went to the house of the informant and a quarrel ensued between the petitioner and the victim. She also stated that two days thereafter, on 13.06.2026, at around 08:30 pm, there was again a quarrel between the petitioner and the victim and that both of them slept without having their dinner. She, thereafter, stated that on the next day when she got up at around 06:00 am, she found both of them sleeping, but when she was preparing meal, she stated that the petitioner woke up and that she left her house to her work at 08:00 am. She then stated that at 08:30 am, petitioner called her over telephone and informed her that both her daughter and granddaughter’s feet have become cold and that they were not well. Thereafter, the victim and her daughter were taken to the hospital and the doctor declared them as dead. 4. The learned counsel for the petitioner submits that the forwarding report shows that the victim had consumed some Ayurvedic medicine prescribed to her by a local Kabiraj and that by consuming the said medicine the victim had become unwell and she was suffering from stomach upset. This was the information given by the petitioner to the Police. On the said information, the Police had interrogated the complainant and the complainant had also confirmed that her daughter had consumed the Ayurvedic medicine and the said Kabiraj was also interrogated and arrested, who had also admitted of giving medicines to the victim. As such, he submits that the petitioner is not involved in the death of the victim and his daughter 5. Mr R J Baruah, the learned Additional Public Prosecutor for the State, on perusal of the Case Diary submits that the FSL report displayed that the victim died of organophosphorus poisoning. He also submits that the Post-Mortem Report did not reflect any injuries on the body of the victim. He, however, submits that in the morning Page No.# 3/3 the victim as well as her daughter was found to be alright and that half an hour later, the victim and her daughter were stated to have become unwell. He also submits that apart from the petitioner and his wife and his daughter, no one else was there at the home. He also submits that mental and physical torture upon the victim by the petitioner was also present in the instant case. 6. Upon consideration of the submissions made by the learned counsel for all the parties, more so, in view of the fact that it was the petitioner who had informed the complainant about his wife and his daughter getting unwell and also due to the fact that the victim was suffering after consuming the Ayurvedic medicine, this Court finds it fit to enlarge the petitioner on bail, on furnishing of a bail bond of Rs. 20,000/-, with one local surety of the like amount to the satisfaction of the learned SDJM (M), Bijni Court, Assam, under the following conditions:- i) the petitioner shall appear before the Investigating Officer as and when called for. ii) the petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and iii) the petitioner shall not leave his residence without prior permission of the Investigating Officer. 7. Bail Application stands disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant