Page No.# 1/4 GAHC010177932026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1984/2026 MADHU BHARALI AND ANR S/O SRI RAJEN BHARALI, R/O BASUDEV KORONGA GAON, P.S. GHILAMARA, DISTRICT LAKHIMPUR, ASSAM. 2: PALLAB CHUTIA S/O SRI ARUP CHUTIA R/O BASUDEV KORONGA GAON P.S. GHILAMARA DISTRICT LAKHIMPUR ASSAM REPRESENTED BY THE PETITIONER NO. 1 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date :25.08.2026 Heard Mr. A. Khanikar, the learned counsel for the petitioners and Mr. B. Sarma, the learned Addl. Public Prosecutor for the State of Assam. Page No.# 2/4 2. By this application the petitioners namely, Madhu Bharali and Pallab Chutia have prayed for pre-arrest bail in connection with Ghilamara P.S. Case No. 39/2026, registered under Sections 115(2)/118(2)/351/3(5) of BNS, 2023. 3. The FIR, in connection with which the petitioners are apprehending arrest was lodged on 15.08.2026, wherein, the informant had stated inter alia that there was a dispute regarding the boundary between the two families and that on the day of occurrence, accused no.1 arrayed as such, in the said FIR, Mr. Arup Chutia, hit her husband on his head with a cane stick and that the said accused person had also assaulted her husband on his various parts of his body. The informant had also alleged that, the petitioner no. 1 had attacked her husband and her son with a stick and that petitioner no.1 had assaulted her son and that, her son had received injuries. Allegations were also made against the petitioner no. 2, that he had attacked her husband with a sharp weapon causing injuries. 4. It is further alleged that, the husband of the informant was taken to the local hospital and thereafter to the Medical College for better treatment. 5. The learned counsel for the petitioner submits that the husband of the informant was injured and there is nothing in the FIR, wherein petitioner no. 1, is stated to have cause injuries on the husband of the informant. He also submits that petitioner no. 2 is a juvenile and he submits that under the Juvenile Justice Act (Care and Protection), he should be enlarged on bail only with the exception that the same may not be allowed, if there are chances that he will go and meet the other accused persons. Page No.# 3/4 6. Mr. B. Sarma, the learned Addl. Public Prosecutor for the State, however, submit that overt act are attributed to both the petitioners and that the husband of the informant received injuries. 7. On consideration of the submissions made by the learned counsels and on seeing the fact that it was the husband of the informant who was taken for treatment and there being allegation that accused no. 1, arrayed as such in the FIR had hit the husband, this court deems it fit that petitioner no. 1 be enlarged on pre-arrest bail and it is also seen that petitioner no. 2 is a juvenile and there is nothing on record to show that he will go and associate himself with the other accused persons, this Court also deems it fit to enlarge the petitioner no. 2 on pre-arrest bail. As such, both the petitioners are directed to be released on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/-(Rupees Twenty Thousand only) each with one local surety each to the satisfaction of the Arresting Authority under the following conditions: (i) They will appear before the Investigating Officer within a period of 7 days from the date of passing of this order and the I.O. can send Petitioner No. 2 to the Juvenile Court. (ii) They will not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case. (iii) They will not leave the residence without the permission of the Investigating Officer. (iv) On failure to appear before the Investigating Officer or on failure to comply with the conditions, the said bail order would be amenable for Page No.# 4/4 cancellation. 8. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant