Page No.# 1/3 GAHC010193622026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2619/2026 SAMARJYOTI DAS ALIAS SAMAR DAS YEAR SON OF NAGEN DAS RESIDENT OF GONDHMOW, DAS CHUPA, POLICE STATION- SUALKUCHI, DISTRICT- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR RESPONDENT Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR H ALI,MR. J PATOWARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.09.2026 Heard Mr. UK Barman, learned Counsel for the petitioner and Mr. RJ Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Sualkuchi PS Case No. 49/2026 registered under Section 103(1)/3(5) of BNS, Page No.# 2/3 2023. The FIR in connection with which the petitioner was arrested on 25.08.2026 was lodged by the informant stating inter alia that on 24.08.2026 at 03:00 am, the petitioner informed the informant and other that his wife is lying unconscious near the pond at the backside of the house. The informant stated that he and others suspects that petitioner had killed his wife. It was also stated that the deceased had a baby who had turn one month on the day, when the victim died. 3. The learned Counsel for the petitioner submits that the forwarding report suggests that the victim died out of drowning and that the petitioner is not involved in the death of the victim. 4. Mr. RJ Baruah, learned Additional Public Prosecutor for the State, on the other hand, on perusal of the Case Diary submits that the postmortem report does not suggests that the victim died out of drowning and he also submits that there are witnesses who had stated that petitioner had tortured the victim for money as well as for other reasons and there were many threatening that the petitioner would kill the victim and as such he submits that no bail be granted to the petitioner. He also submits that the cause of death was not stated in the postmortem report and the contents of the stomach were sent for FSL examination, which is not available in the records. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the FIR was lodged against the petitioner only on suspicion and the forwarding report also suggest of suspicion being raised against the petitioner together with the fact that no injuries were found in the body of the victim as revealed in the postmortem report, this Court enlarges the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of JMFC, Hajo under the Page No.# 3/3 following conditions: i) the petitioner will appear before the Investigating Officer as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant