Page No.# 1/4 GAHC010123912025 2025:GAU-AS:8131 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1302/2025 AZIBOR RAHMAN @ AJIBAR RAHMAN AND 4 ORS S/O LATE HATEM ALI, BILASIPARA WARD NO. 3, P.S.- BILASIPARA, DIST- DHUBRI, ASSAM 2: ABDUS SALAM S/O LATE HATEM ALI BILASIPARA KRISHNA NAGAR P.O. AND P.S.- BILASIPARA DIST- DHUBRI ASSAM 3: AHMED ALI HUSSAIN S/O ABDUS SALAM BILASIPARA KRISHNA NAGAR P.O. AND P.S.- BILASIPARA DIST- DHUBRI ASSAM 4: RAKIBUL ISLAM @ ROFIQUL HOQUE S/O ABDUS SALAM BILASIPARA KRISHNA NAGAR P.O. AND P.S.- BILASIPARA DIST- DHUBRI ASSAM 5: NAZRUL ISLAM @ NAJRUL HOQUE S/O MD. ABDUL AZIZ R/O ANANDANAGAR BILASIPARA WARD NO. 3 P.O.- BILASIPARA P.S.- BILASIPARA DIST- DHUBRI Page No.# 2/4 ASSAM PIN-78334 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR J ISLAM, Advocate for the Respondent : PP, ASSAM, U U KHAN(INFORMANT),MR. A AHMED (INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 18.06.2025 1. Heard Mr. J. Islam, the learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent and learned counsel Mr. U. U. Khan for the informant. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Azibor Rahman @ Ajibar Rahman, (2) Abdus Salam (3) Ahmed Ali Hussain (4) Rakibul Islam @ Rofiqul Hoque (5) Nazrul Islam @ Najrul Hoque, who are appending his arrest in connection with Bagribari P.S. Case No. 37/2025 under 140(4)/62/117(2)/118(2)/304(2)/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 01.06.2025, one Erfan Ali Mondal had lodged an FIR before the Officer-in-Charge of Bagribarı Police Station inter-alia, alleging that the accused named in the FIR (total 8 accused named in the FIR including the present petitioners) had abducted the son of the Page No.# 3/4 informant and assaulted him with sharp weapons and iron rods with intent to kill him. 4. As a result of the assault, the son of the informant sustained injuries on his person and was treated in Bilasipara Hospital and later on, he was referred to the Dhubri Medical College. 5. I have considered the submissions at the Bar with circumspection. 6. Learned counsel for the informant has submitted that the petitioner No. 1 borrowed Rs. 12 lacs from the informant and when the informant asked him to repay the money, he was assaulted by the petitioners and the other co- accused. 7. I have also scrutinized the Case Diary. The victim has sustained simple injuries caused by sharp weapon as well as by blunt weapon. There are indeed incriminating materials in the Case Diary against the petitioners. Custodial interrogation does not appear to be necessary. 8. Investigation has progressed substantially. The petitioners are willing to abide by any stringent bail conditions if imposed upon them. It appears that pre-arrest bail may be granted to the petitioners. 9. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioners shall appear before the Investigating officer within 1(one) week and cooperate with the investigation, (ii) The petitioners shall refrain from such activities with which they are alleged and maintain the peace, Page No.# 4/4 (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 temper with the evidence or try to influence the witnesses, and (v) The petitioners shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the bail conditions, pre-arrest bail shall stand automatically cancelled. 11. Send back the Case Diary. JUDGE Comparing Assistant