Matiur Rahman v. The State of Assam

Page No.# 1/3 GAHC010085332024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1237/2024 MATIUR RAHMAN S/O LATE AJIJUR RAHMAN R/O VILL-NA-HOWLY P.S. MANGALDAI DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE Advocate for the Respondent :

B E F O R E HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

31.05.2024

Heard Mr. M. Hoque, learned counsel for the petitioner Matiur Rahman.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC for short) in connection with Mangaldai Police Station Case No. 64/2024 under Section 302 of the Indian Penal Code, 1860. Page No.# 2/3

¶3Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State.

¶4The allegation against the petitioner is that the victim who was working as a domestic help was found dead in his house.

¶5I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary.

¶6The learned Additional Public Prosecutor has submitted that the victim was found dead under suspicious circumstances in the house of the owner.

¶7The postmortem report in the Case Diary reveals that the FSL report has not been received and the opinion of the doctor was withheld. As the FSL report has not been received, the reasons of death could not be ascertained whether death was a result of suicidal ante mortem hanging or whether the death is a result of homicide.

¶8I have considered the progress of investigation. The petitioner is behind bars for 84 (Eighty Four) days. It appears that custodial detention for further progress of investigation may not be required. The petitioner has pledged to cooperate with investigation. The petitioner is a local resident and he is not a flight risk.

¶10Considering the foregoing discussions, petition is allowed.

¶11The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Darrang, Mangaldai under the conditions that: The petitioner shall not leave the jurisdiction of the Court without prior Page No.# 3/3 permission till completion of investigation.

¶12In the above terms and observations, this Bail Application stands disposed of.

¶13Send back the Case diary.

JUDGE Comparing Assistant