Page No.# 1/4 GAHC010098642025 2025:GAU-AS:9423 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1062/2025 FAYZAL ISLAM ALIAS FOYZAL ALI AND ANR S/O ABU BAKKAR SIDDIQUE R/O AIRONJANGLA P.S. DHUBRI DIST. DHUBRI,ASSAM 2: KAMAL ALI @ KOMAL SK. S/O LT. MOGAL SHEIKH R/O BHASSANIRCHAR PART-I P.S. DHUBRI DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM TO BE REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. SURAJIT DAS,A S CHOUDHURY,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Page No.# 2/4 Date : 23-07-2025 Heard Mr. S. Das, the learned counsel for the petitioners. Also heard Ms. N. Das, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Dhubri P. S. Case No. 56/2025 registered under Sections 61(2) (a)/189(2)/191(2)/191(3)/190/126(2)/118(2)/103(1)/351(3) of BNS, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Das, the learned counsel for the petitioner that there was admittedly dispute between the villagers of two villages and in the said dispute an altercation took place between the two groups wherein both the parties sustained injuries. However, one person died from the informant side and accordingly the present case was lodged by the informant. The dispute was for the cultivation of land. However, the FIR is lodged against 33 nos. of persons from the entire village and without stating any involvement of the particular accused-persons two of the co-accused/persons, namely, one Abdul Motin and Rahim Badsha has already been granted interim pre-arrest bail by the learned Sessions Judge and the present petition has been filed by the present two petitioners who are not involved in the alleged offence. However, these petitioners are ready and willing to cooperate with the I/O in further investigation of this case, if they are granted with the privilege of pre-arrest bail. Page No.# 3/4 5. Ms. N. Das, the learned Additional Public Prosecutor submitted in this regard that from the post-mortem report it is seen that the deceased died due to shock and hemorrhage as a result of purporting stab injuries over the chest abdomen and all the injuries were ante mortem in nature. He further submitted that there are sufficient incriminating materials against the present petitioners who were presently involved in the present case. Some of the witnesses also uttered about the petitioners alleging their presence at the time of the incident. Accordingly, it is submitted that it is not at all a fit case to grant anticipatory bail to the preset petitioners. 6. Hearing the submissions made by learned counsel for both parties, I have also perused the Case Diary and it is seen that some of the witnesses and victim had stated about the presence of these two petitioners in the place of occurrence but it is seen that there is no mention about their active part in committing murder or assaulting the victims in the case and accordingly I find it a fit case to extend the privilege of pre-arrest bail to these petitioners. However, they will cooperate in the investigation of this case as and when it is required. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, [1] Fayzal Islam @ Foyzal Ali and [2] Kamal Ali @ Komal Sk, in connection with Dhubri P.S. Case No. 56/2025 registered under Sections 61(2)(a)/189(2)/191(2)/191(3)/190/126(2)/118(2)/103(1)/351(3) of BNS, 2023, they shall be enlarged on interim pre-arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: Page No.# 4/4 (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer within 7(seven) days; (ii) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and (iii) that the petitioners shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 8. The pre-arrest bail application stands disposed of accordingly. JUDGE Comparing Assistant