Page No.# 1/5 GAHC010090832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/998/2025 SWAHITON @ SHOHITON NESSA AND 5 ORS W/O ABDUL LATIF R/O VILL-KANHARA P.S.GARAIMARI DST. KAMRUP ASSAM 2: TASMINA KHATUN @ TAJMINA KHATUN D/O ABDUL LATIF R/O VILL-KANHARA P.S. GARAIMARI DIST. KAMRUP ASSAM 3: AMINA PARBIN @ AMELA KHATUN D/O ABDUL LATIF R/O VILL- KANHARA P.S. GARAIMARI DIST. KAMRUP ASSAM 4: SAIFUL ISLAM S/O ABDUL LATIF R/O VILL- KANHARA P.S.GARAIMARI DIST. KAMRUP ASSAM 5: SADDAM HUSSAIN S/O ABDUL LATIF R/O VILL- KANHARA P.S. GARAIMARI DIST. KAMRUP Page No.# 2/5 ASSAM 6: FULCHAN MIYA @ FULCHAN ALI S/O TARA MIYA R/O VILL- KANHARA P.S.GARAIMARI DIST. KAMRUP ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.05.2025 1. Heard Mr. A. Ahmed, the learned counsel for the petitioners. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, (1) Swahiton @ Shohiton Nessa, (2) Tasmina Khatun @ Tajmina Khatun, (3) Amina Parbin @ Amela Khatun, (4) Saiful Islam, (5) Saddam Hussain, and (6) Fulchan Miya @ Fulchan Ali, who are apprehending their arrest in connection with Goraimari P. S. Case No. 23/2025, registered under Sections 296/117(2)/118(2)/109/74/3(5)/103/61(2) of the BNS, 2023. 3. The gist of accusation in this case is that on 27.02.2025, one Nousad Ali Ahmed had lodged an FIR, naming therein nine (09) accused persons, Page No.# 3/5 including the present petitioners, inter-alia, alleging that the family members of the present petitioners, trespassed into the house of the informant and assaulted the brother of the informant and his uncle and in the assault, the brother of the informant, Nousad Ali Ahmed, succumbed to injuries and internally sustained grievous hurt. 4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. 5. He submits that there is a boundary dispute between both the parties since long and when the accused No. 3 named in the FIR, namely, Abdul Latif was going to Masjid, the informant side abused him. This led to an altercation. 6. The learned counsel for the petitioners has submitted that the petitioners are ready to cooperate in the investigation. 7. He also submits that in the meanwhile, the accused Nos. 3 and 6 have already been granted bail by this Court in Bail Application No. 1391/2025. 8. On the other hand, Mr. R. J. Baruah, the learned Additional Public Prosecutor has opposed the prayer for anticipatory bail and has produced the case diary of the Goraimari P. S. Case No. 23/2025. 9. He has submitted that there are sufficient incriminating materials against the petitioner No. 4, Saiful Islam and petitioner No.5, Saddam Hussain, for having assaulted the victim, which resulted into his death. 10. As regards to other accused persons, he submits that they are also involved in assaulting the other victims. However, he submits that the medical report of the other victims, as well as the statement of the injured Intaz Ali, is not there on record. He, therefore, prays for allowing the prosecution side to produce an updated case diary. 11. I have considered the submissions made by the learned counsel for Page No.# 4/5 both sides. 12. This Court has granted bail in Bail Application No. 1391/2025, wherein, Surya Bhanu, and Abdul Latif, were allowed to go on bail. 13. It also appears that the alleged incident occurred on 26th February 2025, and even after lapse of almost three months, the statement of the victim has not been recorded. 14. On perusal of the case diary, it appears that there are sufficient incriminating materials against petitioner No. 4, Saiful Islam and petitioner No.5, Saddam Hussain, and therefore, this Court is not inclined to grant anticipatory bail to them at this stage, and hence, their prayer for anticipatory bail is rejected. 15. As regards other accused persons are concerned, general accusations are made against them in the case diary, and, therefore, if they cooperate in the investigation, their custodial interrogation may not be necessary. Hence, the other petitioners, namely, (1) Swahiton @ Shohiton Nessa (2) Tasmina Khatun @ Tajmina Khatun (3) Amina Parbin @ Amela Khatun and (6) Fulchan Miya @ Fulchan Ali are hereby directed to appear before the Investigating Officer of Goraimari P. S. Case No. 23/2025, within a period of ten (10) days from the date of this order, and cooperate in the investigation. If they do so, within the stipulated period of ten (10) days, in the event of their arrest, in connection with the Goraimari P. S. Case No. 23/2025, they shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) each with one surety of like amount to the satisfaction of the arresting authority with the following conditions: i. That the petitioners shall co-operate in the investigation. ii. That the petitioners shall not directly or indirectly make any Page No.# 5/5 inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 16. With the above observation, this anticipatory bail application is disposed of. 17. Send back the case diary. JUDGE Comparing Assistant