AB/744/2026 of CHAYARUN BIBI ALIAS SAYARUN NESA AND ANR Vs THE STATE OF ASSAM on 27 April 2026

ORDER

28.04.2026 Heard Mr. H.R.A Choudhury, learned Sr. counsel assisted by Ms. R. Deka, learned counsel for the applicants. Also heard Mr. P. Borthakur, learned Addl. P.P appearing for the State. This petition under Section 482 of the BNSS, 2023 has been filed by the accused/petitioners, namely, Chayarun Bibi @ Sayarun Nesa and Farid Uddin @ Farij Uddin, praying for grant of pre-arrest bail in connection with Patharkandi P.S Case No.253/2025 under Section 61(2)/103(2)/238 of BNS,2023. On 01.12.2025, one FIR was lodged with the allegation that on 25.11.2025 in the evening one Iqbal Hussain, the petitioner came to the house of the informant and took his son Sadikul Hoque on a motor cycle. Later he found in injured condition and taken to the hospital but he was found to be dead. Subsequently, video recorded by one Abdul Sahid was stated to be sent to them which showed six persons including the present petitioner assaulting the deceased. This is a subsequent bail application. Earlier, this application was rejected on 12.03.2026, after perusal of the Case Diary. The updated CD was called for and the same has been received. The learned Sr. counsel for the applicants has drawn attention to the medical document dated 24.11.2025, pertaining to the day before the date of incident and submits that on the basis of the said document, on that day, petitioner No. 1 who was the wife of petitioner No. 2, was in Guwahati for treatment at GMCH and several hundred kilometers away from her place of residence and the place of occurrence. It is submitted that on that day, her husband was also present with her for treatment. Drawing attention of a copy of a complaint case in C.R Case No. 49 of 2025 lodged by petitioner No. 1 against as many as 10 persons, and that one Abdul Sahid is indicated as the accused No. 1 in that complaint. In this regard, it is submitted that the said Abdul Sahid is the witness who purportedly saw the incident and recorded a video of the same. It is submitted that the petitioners have been falsely implicated by the said Abdul Sahid.

The learned Additional P.P fairly submits that apart from the statement of that witness, there is no significant incriminating material with regard to the present petitioners. It is further submitted that the final opinion regarding death has been received, and it indicates "Syncope and Cardiomyopathy." It appears that the Autopsy Doctor has not indicated in the PM report and final opinion regarding that the death is a homicidal death. It is also submitted by the learned Additional PP that the investigation is progressing otherwise, though not complete. In view of the same, in my considered view, this subsequent anticipatory bail application can be accepted. Accordingly, allowing the same, it is directed that in the event of arrest, the accused/petitioners be released on bail on a bond of Rs. 30,000/- each with one surety each of the like amount to the satisfaction of the arresting authority subject to the following conditions; that they shall co-operate with the remaining investigation; they shall not tamper or tamper with evidence; they shall not try to influence or harass any witnesses. Violation of the bail conditions shall entail cancellation of the bail. The anticipatory bail application stands allowed and disposed of.

JUDGE Comparing Assistant