ORDER

Date : 07-12-2022 Heard Mr. M.U. Mahmud, learned counsel for the petitioners and Mr. B.

Sharma, learned Additional Public Prosecutor for the respondent State of Assam. 2. By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioners viz. [1] Allaudin, [2] Anjura Khatun, [3] Pinki, [4] Balauddin and [5] Aibhanu have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Dalgaon Police Station Case no. 333/2022, registered for offences punishable under Sections

365/328/302/34, Indian Penal Code [IPC].

3. In the list of 6 [six] accused persons given in the First Information Report [FIR], the five petitioners are arraigned as accused no. 2 [A-2], accused no. 3 [A-3], accused no. 4 [A-4], accused no. 5 [A-5] and accused no. 6 [A-6]

respectively. The accused no. 1, Meser Ali was arrested on 13.09.2022.

4. The First Information Report [FIR] was lodged by one Kasem Ali on 10.09.2022. In the FIR, the informant, has inter alia stated that when his niece, th Rehena Parbin being a student of 4 Semester, had gone to her college, Kharupetia College by riding the scooty, at about 04-00 p.m. on that day, the accused no. 1 along with few of his friends took her to his residence. At the residence of the accused no. 1, his relatives i.e. the present petitioners had allegedly assaulted her and made her to consume poison. As a result, her health condition deteriorated and the victim had to be admitted at Kharupetia Hospital. After treatment, the victims elder brother took her home but her health condition continued to deteriorate. Thereafter, the victim was treated at different hospitals at Mangaldai, Guwahati and Tezpur. When she was under treatment at B.J. Hospital at Tezpur, she breathed her last on 10.09.2022.

4.1. The petitioner no. 1 [A-2] and the petitioner no. 5 [A-5] are the father and mother of the accused no. 1 respectively. The petitioner no. 2 [A-3] and the petitioner no. 3 [A-4] are the sisters of the accused no. 1 whereas the petitioner no. 4 [A-5] is the uncle of the accused no. 1.

5. Learned Additional Public Prosecutor producing the case diary, has submitted that in the Post-Mortem Examination [PME] Report, the final opinion regarding cause of death of the victim has been kept pending till receipt of the report of viscera from the Forensic Science Laboratory [FLS], Assam. In view of non-availability of the chemical analysis report of viscera from the FSL, Assam specifying the cause of death, the learned Additional Public Prosecutor has opposed the prayer for bail.

5.1. The post-mortem examination on the dead body of the deceased was conducted on 11.09.2022 at Mangaldai Civil Hospital. As per the PME Report, no injury and no ligature mark were seen on the dead body. The viscera was sent for chemical analysis to the FSL on 27.09.2022 and the same was duly received at the FSL on 28.09.2022. But till date, the chemical analysis report on viscera from the FSL has not been received.

5.2. The materials in the case diary includes a discharge certificate issued by the Guwahati Medical College & Hospital [GMCH] in respect of the victim. From the said discharge certificate, it is noticed that the victim was admitted at the GMCH on 17.07.2022 and was discharged on 30.07.2022. The discharge certificate reported alleged history of paraquat ingestion. While discharging the victim from the GMCH, she was advised conservative treatment with remark that her condition had improved.

5.3. As per the medical certificate of death issued by the B.J. Hospital, Tezpur, on 10.09.2022, the deceased died due to cardio respiratory failure. It was remarked that antecedent causes might be poisoning with pain abdomen. From the FIR, it is reflected that the alleged meeting of the deceased with the members of the family of the accused no. 1 i.e. the petitioners was only on one occasion, that is, on 15.07.2022. The informant has not reported about any further meeting of the victim wit