Page No.# 1/4 GAHC010123202025 2025:GAU-AS:7723 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1289/2025 AMINUL ISLAM HAZARIKA S/O ABDUL HAMID HAZARIKA R/O VILL- BANGALIPARA, P.S. GORESWAR DIST. TAMULPUR, ASSAM PIN- 781364. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MD E AHMED,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 11.06.2025 1. Heard Mr. S.C. Biswas, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Aminul Islam Hazarika, who is apprehending his arrest in connection with Goreswar P.S. Case No. 31/2025, under Sections 329(3)/118(2)/351(2) of the BNS, 2023. 3. The gist of accusation in this case is that on 30.04.2025 one Rinjuma Begum had lodged an FIR before the In-Charge of Suagpur Police Outpost under Goreswar Police Station, inter alia, alleging that one year ago, the petitioner entered into the house of the informant and stabbed the informant with a Khukuri causing injuries and also stabbed her husband inflicting injuries on his person. 4. The learned counsel for the petitioner has submitted that the petitioner is the brother-law of the informant and the incident occurred as his elder brother had assaulted his father and in order to save his father, there was some tussle and in that tussle the unintentional simple injury has been caused. 5. The learned counsel for the petitioner has submitted that as the petitioner and the injured persons are relatives and as there is a strong possibility of settling of the matter amicably within the family, if the petitioner is arrested at this stage, it would spoil the chance of amicable settlement. 6. He also submits that the petitioner himself is an Advocate and he is ready and willing to co-operate in the investigation. 7. On the other hand, the learned Additional Public Prosecutor Mr. Page No.# 3/4 R.J. Baruah has produced the Case Diary of Goreswar P.S. Case No. 31/2025 and has submitted that both the injured persons have implicated the petitioners. However, he submits that the injury report of the victim suggest that both the injured sustained cut injuries with sharp weapon and the nature of injury sustained is simple in nature. 8. I have considered the submissions made by the learned counsel for both sides and also perused the Case Diary of Goreswar P.S. Case No. 31/2025, which was produced by the learned Additional Public Prosecutor. Though it appears that there are implicating materials in the Case Diary, however, considering the fact that one of the injured person is the own brother of the petitioner and the other one is the sister-in-law of the petitioner and also considering the fact that the injured persons sustained simple injuries only, if the petitioner is arrested in connection with this case, it would jeopardize the possibility of an amicable settlement between the parties and this Court is of the considered opinion that investigation can go on, if he will co-operate with the Investigating Officer and hence, custodial interrogation may not be necessary. 9. In view of the above, the above-named petitioner, namely, Aminul Islam Hazarika is hereby directed to appear before the Investigating Officer of Goreswar P.S. Case No. 31/2025, within a period of 7(seven) days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, he shall be allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions Page No.# 4/4 that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. Send back the Case Diary. 11. 10. Send back the Case Diary. 11. With the above observations, this anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant