Page No.# 1/2 GAHC010071092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/795/2025 MOFIZUL ALI @ MOFIZUL HOQUE AND ANR S/O ALI HUSSAIN VILL- BANGALIPARA -II P.O. AND P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783348 2: MOHIRUL HUSSAIN S/O ALI HUSSAIN VILL-BANGALIPARA -II P.O.AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-78334 VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. N MAHAJAN, A.ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.04.2025 Heard Mr. BK Mahajan, the learned counsel appearing for the petitioners. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State Page No.# 2/2 respondent. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre- arrest bail in respect of PRC Case No. 115/2025. 3. It may be stated that before filing of the charge sheet, these petitioners filed an application before this Court seeking anticipatory bail and on 12.12.2024 vide AB No. 2418/2024, this Court refused to grant anticipatory bail to the petitioners asthere were incriminating materials against them. In fact, the injured persons sustained grievous injuries. 4. Now, the charge sheet has been filed against the present petitioners showing them as absconders therein. The petitioners have stated that they are interested in facing the trial but since they have been shown as absconders in the charge sheet, they apprehend that if they appear before the court below they will be remanded to custody. 5. Mr. Goswami has objected to this bail application on the ground that the injured persons have sustained grievous injuries. 6. I have considered the submissions made by the learned counsels of both sides. 7. Since the petitioners are interested in facing the trial, they deserve to be given one opportunity to that effect. 8. At this stage, this Court is of the opinion that nothing would be achieved by putting the petitioners in custody.Therefore, the prayer of the petitioners is allowed. 9. It is hereby directed that within next 15 days, the petitioners shall appear before the trial court in respect of PRC Case No. 115/2025. On their appearance, the petitioners, 1. Mofizul Ali @ Mofizul Hoque and 2. Mohirul Hussain shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the learned Munsiff-cum-Judicial Magistrate First Class, Bilasipara. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant