Page No.# 1/4 GAHC010103302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1613/2025 ANOWAR HUSSAIN @ MD. ANWAR HUSSAIN AND ANR S/O- LATE AKKEL ALI. R/O- VILL.- DIPOTA, NA-ALI. P.S.- TEZPUR, DIST.- SONITPUR, ASSAM. 2: MANJUL HUSSAIN @ AHMED S/O- ANOWAR HUSSAIN @ MD. ANWAR HUSSAIN. R/O- VILL.- DIPOTA NA-ALI. P.S.- TEZPUR DIST.- SONITPUR ASSAM. 3: MOMI BEGUM W/O- ANOWAR HUSSAIN @ ANWAR HUSSAIN . R/O- VILL.- DIPOTA NA-ALI. P.S.- TEZPUR DIST.- SONITPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : DARAK ULLAH, MR. M. RAHMAN.,MS. R. DEVI,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.05.2025 1. Heard Mr. S. Ahmed, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioners, namely, 1. Anowar Hussain @ Md. Anwar Hussain, 2. Manjul Hussain @ Ahmed and 3. Momi Begum who are detained behind the bars since 05.04.2025 (for last 53 days) in connection with Tezpur P.S. Case No. 223/2025 under Sections 324(4)/118(2)/74/3(5) of BNS. 3. The gist of accusation in this case is that on 03.04.2025, one Dilowar Hussain had lodged an FIR before the Officer-in-charge of Bebejia Police Outpost under Tezpur Police Station, inter alia, alleging that on that date, an altercation took place between the family members of the informant and the petitioners in respect of some work regarding construction of a pucca bridge. It is alleged that during altercation, the petitioners assaulted the wife of the informant and other family members of the petitioners also joined the same. It is also stated in the FIR that due to the assault, the wife of the informant sustained grievous injuries and her mobile phone and one pair of earrings and golden chains were also found missing. In the FIR, the allegation of outraging the modesty of the wife of the informant has also been made. 4. The learned counsel for the petitioners has submitted that the accusations made against the petitioners in the FIR are not true. He submits that there was some altercation between the family members of both the parties. However, the FIR has been filed with exaggerated facts. Page No.# 3/4 5. The learned counsel for the petitioners has also submitted that in the meanwhile, one of the co-accused, who is the son of the petitioner Nos. 1 and 3 has already been granted anticipatory bail by this Court. He also submits that considering the long period of detention, the petitioners may be allowed to go on bail. 6. On the other hand, the Additional Public Prosecutor has produced the case diary of Tezpur P.S. Case No. 223/2025 and has submitted that there are incriminating materials against the petitioners in the case diary. He also submits that there is evidence to the effect that the victim had sustained injuries on her person. However, the injury report is not yet collected. Therefore, he prays for calling for the injury report. 7. I have considered submissions made by the learned counsel for both the sides and have gone through the case diary of the Tezpur P.S. Case No. 223/2025. 8. Though, there are incriminating materials against the petitioners in the case diary, however, considering the nature of offence involved in this case as well as progress made in the investigation and the period of detention already undergone by the petitioners (53 days), this Court is of considered opinion that further custodial detention of the above named petitioners may not be required for fair completion of the investigation of the aforesaid case, if they co-operate in the investigation. 9. In view of above discussion, all the three above named petitioners are hereby allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) each with one surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur with following conditions:- Page No.# 4/4 (i) That the petitioners shall not directly or indirectly make any 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; (ii) That the petitioners shall co-operate in the investigation; 10. This bail application is accordingly disposed of. 11. Send back the case diary. JUDGE Comparing Assistant