Page No.# 1/6 GAHC010118962025 2025:GAU-AS:12286 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1234/2025 FALU MOLLAH @ ANOWAR HUSSAIN S/O- MOJID MOLLAH. R/O- VILL.- ABADIGAON, P.S.- MANIKPUR. DIST.- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, MS. J GHOSH,MS. S. CHANDA,MR. S C BISWAS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 08.09.2025 1. Heard Mr. A. Ahmed, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. S.C. Biswas, the learned counsel for the respondent No. 2/informant. Page No.# 2/6 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Falu Mollah@Anowar Hussain, who is apprehending his arrest in connection with Manikpur P.S. Case No. 105/2024, under Sections 61(2)/189(2)/296/75/117(2)/12/6(2)/109/103/3(5) of the BNS, 2023 which is pending in the Court of the learned Additional Chief Judicial Magistrate, Bongaigaon. 3. The gist of accusation in this case is that on 23rd July, 2024, one Umar Kaji, had lodged an FIR before the Officer-in-Charge of Manikpur Police Station, naming 12(twelve) accused persons therein, including the present petitioner, inter alia, alleging that the accused persons named in the FIR had brutally assaulted the son of the informant, as a result of which he sustained grievous injuries on his person. After lodging of the FIR, the victim had succumbed to his injuries. 4. The learned counsel for the petitioner has submitted that after completion of the investigation, charge sheet has been laid in this case against 12(twelve) accused persons, including the present petitioner. 5. He also submits that all other relevant accused persons are on bail, except the petitioner. 6. He further submits that though in this case charge sheet has been laid, however, as the aforementioned PRC Case is pending before the Court of the learned Additional Chief Judicial Magistrate, who considering the punishment prescribed for one of the offence, i.e. 103 (1) of the BNS, 2023 which prescribes imprisonment for life as well as death as the Page No.# 3/6 punishment, may not grant bail to the petitioner, if he appears before the Committal Court due to the embargo of Section 480 of the BNSS,2023. 7. He further submits that the accusation against the petitioner as appears from the statement of the witnesses recorded during investigation is that he assaulted the victim, along with other accused persons, namely with accused No. 2, Jakir Khan with a wooden piece (Batta). 8. He also submits that though some of the witnesses have also stated in their statement recorded under Section 180 of the BNSS, 2023 that the present petitioner had also stabbed the victim with a knife, however, he submits that the post-mortem examination report relies the said testimony as stab injury was found on the person of the petitioner. 9. He further submits that the co-accused Jakir Khan, who stands exactly on the same footing with that of the present petitioner, was granted anticipatory bail by a co-ordinate bench of this Court on 04.02.2025 in AB Case No. 129/2025, and he submits that as the petitioner stands on the same footing the principle of parity would be applicable and he may also be granted anticipatory bail like that of co- accused Jakir Khan. 10. In support of his submissions, he has cited the following rulings:- (i) “Suraj Vijay Agarwal Vs. The State of Maharashtra “(disposed of by Apex Court on 21.08.2023 in Special Leave to Appeal (Crl.) No(s).8432/2023);. (ii) “Manikandan N.P.Vs. State of Kerala” Page No.# 4/6 “(disposed of by High Court of Kerala at Ernakulum on 21.01.2025 in Bail Application No.11269/2024; as well as (iii) “Narayanaswamy Vs. State of Karnataka” reported in “2017 Crl. L.J. 3159.” 11. On the other hand, the learned Additional Public prosecutor has submitted that the petitioner is one of the main accused against whom accusation has been made in the Case Diary. 12. He further submits that, the petitioner was evading his arrest during the investigation stage, and it is apparent from the records that on 3(three) occasions, police tried to apprehend him during the investigation. However, he evaded the arrest. 13. He also submits that the order of the co-ordinate bench of this Court, in the case of “Jakir Khan Vs. the State of Assam”, (order dated 04.02.2025, may not be applicable in the instant case, as the said order for grant of anticipatory bail was passed in motion stage without perusal of any records, whereas in the present case, the records are before this Court, which indicates the role played by the petitioner in commission of the alleged offence. 14. The learned counsel for the respondent No. 2 has also vehemently objected to grant of anticipatory bail to this case, and to the petitioner in this case, and has stated that the petitioner, there are materials to indicate the complicity of the petitioner in commission of the offence, which resulted in the death of the minor son of the present petitioner in this case. He, therefore, prays for dismissing the bail application. Page No.# 5/6 15. I have considered the submissions made by the counsel for both sides. Though the accusations levelled against the present petitioner are grave in nature, however, from the materials available on record, it appears that all the other 11(eleven) co-accused, against whom the charge sheet was laid, are on bail, and only the present petitioner has not appeared before the Committal Court, and therefore, the case is yet to be committed to the Trial Court by the Committal Court. It also appears that the accusation against the present petitioner is similar to that of those made against co-accused Jakir Khan, who has already been granted bail by the co-ordinate bench of this Court. The apprehension of the petitioner that on his appearance before the Committal Court, he may be remanded to custody is also not without any basis as one of the offence in this case, is under Section 103 of the BNS, 2023 which entails punishment upto life imprisonment or death and therefore, the embargo of the Court of the learned Judicial Magistrate (Additional Chief Judicial Magistrate) under Section 480 of the BNSS, 2023 in granting bail in such cases which were the punishment extend to life imprisonment or death is applicable to this case. 16. 16. Though, while considering bail, fact of each case has to be considered for arriving at a decision as to whether bail is to be granted or not, however, if in a case, there are more than 1(one) accused and facts pertaining to 1(one) accused is similar to that of 1(one) of the other accused and if the said accused has been granted bail, this Court is also of the considered opinion that the principle of parity would be applicable in such cases. Page No.# 6/6 17. As the trial has not yet commenced in this case, as the Committal of the PRC Case No. 417/2024 has not yet been made due to absence of the present petitioner. 18. It is also for the interest of speedy trial that the present petitioner appears before the Committal Court at the earliest. 19. Considering the above stated facts and circumstances, as well as considering the submissions of the learned counsel for the petitioner that the petitioner is ready to co-operate in the trial, also considering the fact that one of the co-accused, who was similarly situated has already been granted anticipatory bail by a co-ordinate bench of this Court, this anticipatory bail is disposed of with a direction to the petitioner to appear before the Court of the learned Additional Chief Judicial Magistrate, Bongaigaon in PRC Case No. 417/2024 on the next date fixed before the said Court, i.e. on 24.09.2025 and co-operate in the trial. 20. If he does so on the said date, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Bongaigoan. 21. With the above observations, this anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant