Page No.# 1/5 GAHC010084892025 2025:GAU-AS:7809 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/923/2025 ABDUL BAREK AND 4 ORS. S/O- LATE DEWAN ALI, R/O- VILL- DHAKAYA BASTI, PO- DHUPAGURI, PS DHING, DIST- NAGAON, ASSAM PIN- 782123 2: MOTIJA KHATUN W/O ABDUL BAREK R/O VILL- DHAKAYA BASTI P.O. DHUPAGURI P.S. DHING DIST. NAGAON ASSAM PIN-782123 3: ENAMUL ISLAM @ ENAMUL HAQUE S/O ABDUL BAREK R/O VILL- DHAKAYA BASTI P.O.DHUPAGURI DIST. NAGAON ASSAM PIN-782123 4: MD.MUJAMAL ISLAM S/O ABDUL BAREK R/O VILL- DHAKAYA BASTI P.O.DHUPAGURI P.S.DHING DIST. NAGAON ASSAM PIN-782123 5: MUZAFAR ALI Page No.# 2/5 S/O ABDUL BAREK R/O VILL- DHAKAYA BASTI P.O.DHUPAGURI P.S.DHING DIST. NAGAON ASSAM PIN-78212 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A A DEWAN, MR. KHAIRUL ISLAM,MR H A RASHID Advocate for the Respondent : PP, ASSAM, MR. N ISLAM (INFORMANT) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 12.06.2025 1. Heard Mr. A.A. Dewan, the learned counsel for the petitioners. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam, who has produced the Case Diary of Dhing P.S. Case No. 77/2025. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Abdul Barek, (2) Motija Khatun, (3) Enamul Islam@Enamul Haque, (4) Md. Mujamal Islam and (5)Muzafar Ali, who are apprehending their arrest in connection with Dhing P.S. Case No. 77/2025, under Sections 189(2)/329(4)/118(2)/117(2)/109 of BNS, 2023. Page No.# 3/5 3. The gist of accusation in this case is that on 19.03.2025, one Rabiya Khatun had lodged an FIR before the Officer-In-Charge of Dhing police station, naming 6(six) accused persons in the FIR, including the present petitioners, inter alia alleging that on 19.03.2025, at about 12:00 PM, some altercation occurred between the accused persons and the husband of the informant and the petitioners illegally trespassed into the house of the informant and caused serious injuries to the husband of the informant with iron rods. 4. As a result of which, the husband of the informant sustained grievous injuries. 5. The learned counsel for the petitioners submits that the husband of the informant ultimately succumbed to the injuries. 6. The learned counsel for the petitioners has submitted that by order dated 28.05.2025, the petitioners, namely, Abdul Barek and Motija Khatun were allowed to go on interim bail by the said order and in pursuant to the directions of the said order, they have appeared before the Investigating Officer and has co-operated in the investigation. As regards the other applicants are concerned, the learned counsel for the petitioners submits that the altercation took place due to land dispute between the parties and there was no intention of committing murder of the deceased and the alleged incident occurred due to provocation during altercation. 7. He submits all the petitioners are ready to co-operate in the investigation and therefore, prays for allowing them to go on bail. 8. On the other hand, the learned Additional Public Prosecutor has Page No.# 4/5 produced the Case Diary, along with the post-mortem examination report of the deceased. He submits that the post-mortem examination report indicates that the deceased succumbed to the injuries and the cause of death is head injury caused by blunt object. 9. He further submits that though the petitioner Nos. 1 and 2 were also there at the place of occurrence, however, there is no indication of their participation in the incident of assaulting the deceased. He, however, vehemently oppose the grant of bail to the remaining 3(three) petitioners on the ground that there are sufficient incriminating materials against them in the Case Diary. 10. I have considered the submissions made by the learned counsel for both sides and has gone through the Case Diary of Dhing P.S. Case No. 77/2025. 11. As, it appears that the petitioner Nos. 1 and 2, namely, Abdul Barek and Motija Khatun have complied with the directions of this Court and have co-operated in the investigation, the interim bail granted to them, by order dated 28.05.2025, is hereby made absolute with condition Nos. (i) and (ii) attached to the said order remaining intact. However, as regards the petitioners, namely, (3) Enamul Islam@Enamul Haque, (4) Md. Mujamal Islam and (5)Muzafar Ali, are concerned, there are sufficient incriminating materials against the said petitioners in the Case Diary regarding their involvement in the incident of assault resulting the death of the deceased. Hence, this Court is not inclined to give the benefit of Section 482 of the BNSS, 2023 to them at this stage. Page No.# 5/5 12. Their prayer for anticipatory bail is therefore rejected. 13. Let the Case Diary be returned back. 14. With the above observations, this anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant