Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010073192025
2025:GAU-AS:6589
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/849/2025 ISMAIL ALI SON OFIBRAHIM ALI R/O UDIANA P.S. RANIGA KAMRUP, ASSAM PIN-781354 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. S KAUR, L BANIK,MR. R R BAISHYA,N NEOG Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 23.05.2025
1. Heard Ms. L. Banik, the learned counsel for the petitioner. Also heard Ms. S.H. Bora, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4
2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Ismail Ali, who is apprehending his arrest in connection with Rangia P.S. Case No. 40/2025 under Sections 329(4), 118(2), 75, 109, 3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 04.02.2025, one Md. Jamal Ali had lodged an FIR before the Officer-In-Charge of Rangia police station, naming therein five numbers of accused persons, including the present petitioner. 4. It is alleged, inter alia, in the FIR that the accused persons had some altercation with the wife of the informant in the morning of
03.02.2025. However, after the altercation was over in the evening, the accused persons named in the FIR trespassed into the residence of the informant and assaulted the wife of the informant causing serious injuries on her person. 5. The learned counsel for the petitioner has submitted that there was an altercation between the wife of the informant and the family members of the petitioner. However, no serious injury was caused to the wife, as alleged in the FIR. 6. She also submits that in the meanwhile, all other co-accused persons have already been granted bail and they have appeared before the Investigating Officer and have co-operated in the investigation. She submits that the petitioner is also ready to co-operate in the investigation. 7. On the other hand, the learned Additional Public Prosecutor, has produced the Case Diary of Rangia P.S. Case No. 40/2025, and has
Page No.# 3/4 submitted that the victim has sustained multiple injuries. 8. She further submits that though there are injuries on the head and same was caused by blunt object. It is in the nature of laceration and abrasions.
She also submits that there are sufficient incriminating materials against the petitioner in the Case Diary. 9. I have considered the submissions made by the learned counsel for both the sides and have gone through the materials available on the record. 10. On perusal of the injury report of the victim woman, it appears that the injuries sustained by the victim are simple in nature. It also appears that in the meanwhile, all the other co-accused persons have already been granted bail. 11. Considering the above aspects, this Court is of the view that if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Rangia P.S. Case No. 40/2025. 12. In view of the above discussions, the above-named petitioner is hereby directed to appear before the Investigating Officer of Rangia P.S. Case No. 40/2025, and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with Rangia P.S. Case No. 40/2025, he shall be allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall co-operate in the investigation; and
Page No.# 4/4 (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 13. With the above observations, this anticipatory bail application is accordingly disposed of. 14. Send back the Case Diary. JUDGE Comparing Assistant