Page No.# 1/4 GAHC010096422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1073/2025 RAHAN UDDIN AND 2 ORS. S/O JOHIR UDDIN R/O WARD NO. 5, DOBOKA TOWN, P.O. AND P.S. DOBOKA DIST. HOJAI, ASSAM PIN- 782440 2: SHAHIR ALOM S/O ABDUL SAMAD R/O WARD NO. 5 DOBOKA TOWN P.O. AND P.S. DOBOKA DIST. HOJAI ASSAM PIN- 782440 3: SABIR AHMED S/O SULUK RAJA R/O WARD NO. 5 DOBOKA TOWN P.O. AND P.S. DOBOKA DIST. HOJAI ASSAM PIN- 78244 VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. A S TAPADER, MR M AHMED Advocate for the Respondent : PP, ASSAM, MR. D K AGARWALA (INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.05.2025 1. Heard learned counsel Mr. A. S. Tapader for the petitioners namely, (i) Rahan Uddin, (ii) Shahir Uddin, and (iii) Sabir Ahmed who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Doboka Police Station Case No. 08/2025 under Sections 189(2)/126(2)/118(2)/109 of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the respondent State and learned counsel Mr. D. K. Agarwala for the informant. 3. It is submitted on behalf of the informant that an objection was filed but the objection is not placed on record. The victim Newaz Uddin has sustained grievous injuries on head but surprisingly the doctor found the injuries to be simple, despite the fact that the victim had to endure 32 stitches after he was attacked relentlessly by the petitioner and the co-accused named in the FIR. 4. It is submitted that, had the driver of the auto-rickshaw not arrived at the place of occurrence, the victim would have succumbed to his injuries. 5. I have considered the submissions at the Bar with circumspection. 6. It is submitted on behalf of the petitioners that the co-accused have already been enlarged on bail. Page No.# 3/4 7. I have scrutinized the Case Diary. Investigation has progressed substantially. The medico-legal report reveals that the injuries sustained by the victim are simple in nature. It appears that custodial interrogation may not be required. 8. The petitioners have pledged to co-operate with the investigation and to abide by any stringent bail conditions if imposed upon them. 9. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioners shall refrain from such activities with which they are alleged and maintain the peace, (ii) The petitioners shall appear before the Investigating officer within 1 (one) week and cooperate with the investigation, (iii) The petitioners shall appear before the Investigating officer on every fortnight till completion of investigation, (iv) The petitioners shall not exercise threats to the witnesses or try to influence them, and (v) The petitioners shall not leave the jurisdiction of the court without prior permission. 10. On breach of any of the bail conditions, bail order shall stand automatically cancelled. 11. This bail application is disposed of. Page No.# 4/4 JUDGE Comparing Assistant