AB 405/2011 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. S.N. Sarma, learned senior counsel assisted by Mr. A.J. Das, learned c ounsel appearing for the accused-petitioner and Mr. Z. Kamar, learned P.P., Assa m appearing for the State-respondent. The petitioner herein is the brother-in-law of the deceased who alleged to have committed suicide in his residence. Police registered a U.D. Case being No.03/20 11 and accordingly, started investigation. Post mortem examination was conducted during the course of the investigation. Taking cue of the post mortem report su specting foul play, Smti Maya Ray, the mother of the deceased on 15.1.2011 lodge d the first information report with Paltan Bazar Police Station alleging inter-a lia that the deceased was killed. Basing on the said information, Paltan Bazar P .S. Case No.33 of 2011 was registered under Section 302 IPC and accordingly comm enced the investigation by the I.O. The petitioner therefore, apprehending his arrest in connection with the case in dicated above has approached this Court for the second time by filing this appli cation under Section 438 CrPC seeking privilege of anticipatory bail. Mr. S.N. Sarma, learned senior counsel in support of the bail application has co ntended that the post mortem report which is available and annexed to this petit ion speaks asphyxia out the commission of suicide by the deceased. The opinion r endered by the doctor who conducted autopsy on the dead body speaks for that the cause of death was asphyxia as a result of hanging. That apart, the allegation of torture as contained in the first information report lodged by Maya Roy, the mother of the deceased are false and fabricated having no base at all. It is fur ther contended by Mr. S.N. Sarma, learned senior counsel that the injuries disco vered on the body of the deceased also do not indicate that the deceased was mur dered by some miscreants, rather, commission of suicide is apparent on the face of the record. On the date of commission of suicide, the petitioner had been to the house of the deceased to leave his wife Tumpa Roy and keeping her there he r eturned. After sometime, he came to know from his sister Tumpa Roy that her husb and committed suicide inside the room. Accordingly, the petitioner herein lodged an ejahar with the police on its basis a case was registered being No.33 of 201 1. It is submitted by Mr. Sarma that there is no other circumstance to show the involvement of the accused-petitioner is in the commission of the alleged crime. Rather the post mortem report says that the deceased committed suicide by hangi ng. Taking all these facts, Mr. Sarma has urged this Court that the petitioner i s entitled to pre-arrest bail. Mr. Z. Kamar, learned P.P. Assam by placing the materials before this Court as a vailable in the case diary submits that the statement of the mother of the victi m Smti. Maya Roy recorded under Section 161 CrPC speaks for something as against the petitioner herein. From the statement of Smti. Maya Roy, it appears that th e petitioner was not in good terms with the deceased. Except the statement of Ma ya Roy, there is no other evidence forthcoming as against this petitioner to sho w that the petitioner had the hand in killing his brother in law. Since the materials available in the case diary do not suggest anything substant ive against the petitioner, the statement of Smti. Maya Ray would be in any way can resist this bail application. The post mortem report available on the record as well as in the case diary clearly indicates that the deceased committed suic ide by hanging. We have also consulted the statement of the doctor recorded by t he Investigating Officer. The materials so far collected by the Investigating Of ficer which can be found in the case diary produced perhaps cannot restrain the Court to pass an order in favour of the petitioner. Taking note of the submissions of both the learned counsel for the parties, the materials available in the case diary more particularly the post mortem report t his Court is of considered view that the petitioner is entitled to privilege the pre-arrest bail. The bail application is accordingly allowed. It is provided that in the event of arrest of the petitioner namely - Sri Kajal Paul @ Maina in connection with Paltan Bazar P.S. Case No.33 of 2011 by the I.O. , he shall be released on bail of Rs.20,000/- with one surety of the like amount to the satisfaction of the arresting authority under the following conditions : i) that the petitioner shall not leave the jurisdiction of the Court of lea rned Chief Judicial Magistrate without obtaining prior approval; ii) that the petitioner shall not indulge himself in any activities prejudic ial to the interest of the investigation of the case; and iii) that the petitioner shall make himself available before the I.O. as and when required. Violation of any of the conditions as indicated above shall entail cancellation of the bail. Accordingly, the bail application stands disposed of.