Page No.# 1/4 GAHC010172892026 2026:GAU-AS:12990 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2335/2026 SAHIDUR KHAN SON OF LATE HASIM ALI KHAN, RESIDENT OF HOUSE NO. 16, P.D. CHALIHA ROAD, P.S. CHANDMARI, GUWAHATI-781003, DISTRICT KAMRUP (METRO), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. S HAQUE,MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.09.2026 Heard Mr. B. K. Mahajan, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the respondent No.1. Also heard Mr. S. E. M. Ahmed, learned counsel for informant/respondent No.2. Page No.# 2/4 Page No.# 2/4 2. 2. This is an application filed under Section 483 of BNSS, 2023, for granting bail to the petitioner, namely, Sahidur Khan in connection with Chandmari P.S. Case No. 72/2026 registered under Sections 103/85/3(5) of BNS, 2023. 3. On 12.06.2026 the informant lodged an FIR before the Officer-in-Charge of Chandmari Police Station alleging inter-alia that on the night of 30.05.2026 his sister namely, Kausar Khan had a serious argument with her husband Sahidur Khan at their residence. During the incident, she called the informant on his phone and he recorded the conversation. During the call he heard that Sahidur Khan physically assaulted and hit her. The informant also heard that his daughter telling him that her stepmother would die if she was not immediately provided medical treatment. Instead of arranging treatment, Sahidur Khan also assaulted his daughter. On the very next day at about 5.30 AM, Sahidur Khan informed him over the phone that his sister Kausar had died. Considering the assault that took place during the night, the warning given by the daughter regarding the his sister's critical condition, the failure to provide medical treatment and sudden death of his sister within a few hours of the assault, the informant strongly believed that his sister was murdered by her husband Sahidur Khan or the death was caused by the injuries inflicted upon her and Page No.# 3/4 hence the case. 4. It is submitted by Mr. Mahajan, learned counsel for the petitioner that in the facts of the present case, it may turn out to be case of culpable homicide, not amounting to murder punishable under Section 105 BNS instead of Section 103 BNS i.e., murder under which the present case has been registered. 5. The learned counsel for the petitioner has also submitted that the petitioner is aged about 66 years, and before his arrest, he cooperated with the investigation. He will also cooperate with the trial that may commence against him, as he is a local resident. 6. Referring to the earlier order dated 31.07.2026 passed in Bail Application No. 1652/2026 preferred on behalf of the petitioner, it is submitted by Mr. Mahajan that this Court was not inclined to grant bail to the petitioner at that stage as the petitioner had been in detention for only 48 days, and also considering the heinous nature of the offence and its impact on the collective consciousness of the people of the locality where the occurrence took place. By now, however, the petitioner has spent more than 82 days behind bars, and considering his age and various ailments, further detention may not be necessary. 7. Upon appraisal of the Case Diary, while it is undeniable that there is Page No.# 4/4 sufficient incriminating material against the petitioner, it appears that the statements of the material witnesses have been recorded, and the investigation has progressed and is now pending for the collection of the voice sample of the petitioner. 8. Having regard to the above, including the age of the petitioner and the stage of the investigation, the prayer for bail is allowed. It is directed that the petitioner shall be released on bail of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the learned jurisdictional Magistrate. It is further provided that the petitioner shall cooperate with the remaining investigation and shall not try to influence any person acquainted with the facts and circumstances of the case. 9. The bail petition stands allowed as above. 10. Send back the Case Diary. JUDGE Comparing Assistant