THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 07-12-2023 ORDER

Heard Mr. R. Ali, learned counsel for the petitioner Monsur Hellal @ Ali.

The petitioner has filed this application under Section 439 Cr.PC with prayer for bail as he is in custody for 82 days in connection with Baghbar P.S. Case No. 58/2023 under Sections 120(B)/304(B)/201 IPC read with Section 4 of D.P. Act (G.R. Case No. Page No.# 2/2 1343/2023).

Heard Mr. M.P. Goswami, learned Addl. PP, Assam and Mr. H. Ali, learned counsel for the informant.

It is submitted on behalf of the petitioner that he has been behind bars for 82 days and further custodial detention may not be required. It is also submitted that the petitioner is the father of a minor child and at present as he is behind bars. As his wife has passed away, his family members are taking care of the minor child who is 1½ years old. It is submitted that the petitioner is not responsible for his wife’s death which is clearly revealed by the post-mortem report.

The learned counsel for the respondents have raised serious objection stating that the victim was driven to commit suicide for the cruelty meted out to her by the petitioner and he is not entitled to bail.

I have considered the submissions at the Bar with circumspection and I have also perused the Case Diary. There are indeed incriminating materials against the petitioner. The contents of the statements of the witnesses are not brought to the fore. I have considered the submissions that the petitioner is behind bars for 82 days and he is the father of a minor who is being looked after by his family members. The investigation has also progressed to a considerable extent. The petitioner is a local resident and he has submitted that he will co-operate with the trial as well as the investigation.