Page No.# 1/4 GAHC010069282025 2025:GAU-AS:4993 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/781/2025 EUNUS ALI SON OF LATE ABDUR RAHMAN, RESIDENT OF VILLAGE BAMUNPARA, P.O.- MANULLAPARA, P.S.- MANKACHAR, DIST- SOUTH SALMARA, MANKACHAR, ASSAM, PIN-783135 VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD A ISLAM, MR. N ISLAM Advocate for the Respondent : PP, ASSAM, MR A K DAS (INFORMANT),MR. RASHIDUL ISLAM(INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25.04.2025 1. Heard learned Counsel Mr. A.Islam for the petitioner Eunus Ali who has filed this application under 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Mankachar Police Station Case No. 72/2024 under Section 148/149/341/307/325 of Indian Penal Code. 2. Learned Additional Public Prosecutor Mr. B.Sharma is present for the State Page No.# 2/4 respondent and learned counsel Mr. R.Islam is present for the informant. 3. Charge sheet has been laid against the petitioner showing him as absconder. Petitioner is willing to co-operate with the trial and he has approached this Court for pre-arrest bail. 4. It is submitted by learned Addl.Public Prosecutor and the learned counsel for the informant that earlier petitioner’s prayer for pre-arrest bail was rejected after perusal of the Case Dairy. Petitioner then disappeared and failed to co- operate with the investigation. The petitioner is thus not entitled to pre-arrest bail as this is a case under Section 307 IPC. 5. I have considered the submissions at the Bar with circumspection. 6. The allegation in the FIR is that on 13.03.2024 at about 3.00 pm while Sanowar Ali was returning home, the petitioner along with other accused persons named in the FIR caused grievous injury on Sanowar Ali on his head and other parts of his body with rod and khanti. The petitioner and co-accused persons attempted to commit murder of Sanowar Ali who was protected by his neighbour Sabed Ali. It is further alleged that Sabed Ali was also attacked by the petitioner and co-accused while he tried to prevent the attack. 7. Scanned copies of the case records reveal pictures of the injuries suffered by the victim which appears to be grave. The victim has sustained sharp cut injury on his head which was stitched and medico legal report reveals that the injuries are simple in nature but the injuries were on a vital part of his body i.e. head. 8. Charge sheet has been laid against the petitioner and the co-accused persons under Section 147/148/342/323/307 of the IPC. It is true that charge sheet has been laid as sufficient materials have been found against the Page No.# 3/4 petitioner. All the other co-accused have been arrested and forwarded to custody whereas the present petitioner was evading arrest. Now, the petitioner is willing to co-operate with the trial. Summons have been issued against him. Petitioner is apprehending that he will be forwarded to custody as charge sheet has been laid in connection with sessions triable case. 9. I have considered the submission that the petitioner is willing to co- operate with the trial. 10. It appears that pre-arrest bail may be granted to the petitioner. 11. The petitioner named above shall be released on pre-arrest bail in the event of arrest on furnishing bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: (i) The petitioner shall appear before the 1.0. within one week and shall co-operate with the investigation, (ii) The petitioner shall refrain from activities of which he is alleged, (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 12. On breach of any of the above conditions, the jurisdictional Court/ Eleka Magistrate is at liberty to immediately cancel the bail granted to the petitioner. 13. In terms of the above observations, the pre-arrest bail application stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant