Page No.# 1/3 GAHC010125182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1318/2025 MANIRUDDIN AHMED AND ANR S/O- LATE MAKIBAR RAHMAN. R/O- VILL.- KANAI CHUBA, P.S.- MANGALDAI. DIST.- DARRANG, ASSAM. 2: JUWEL HOQUE S/O- LATE MAKIBAR RAHMAN. R/O- VILL.- KANAI CHUBA P.S.- MANGALDAI. DIST.- DARRANG ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20.06.2025 Heard learned counsel Mr. M Hoque for the petitioners, and Mr. R.J Barua, learned Additional Public Prosecutor, Assam. The petitioners have filed this application under Section 482 of the BNSS, Page No.# 2/3 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Mangaldai P.S Case No. 102/2025 under Section 109/118(2)/296/3(5)/303(2)/329(3)/329(4) of the BNS, 2023. The allegations against the petitioners is that on 27.05.2025 at about 2:30 PM, the petitioners entered into the victim’s house and assaulted the victim/informant uttering abusive language. The petitioners also assaulted the informant’s son Rakibul Hassan. Meanwhile, the victim’s husband reached the place of occurrence and tried to stop the quarrel. But, the petitioners assaulted the victim’s husband as well. The victim was compelled to lodge the FIR, but, while the victim was proceeding towards the police station both the petitioner’s tried to restrain her with an intent to kill her and hit her with a ‘dao’ on her head causing grievous injuries on her head. The petitioner No. 2 also tried to attack the victim with a ‘sword’ and her son sustained cut injuries on the left side of his abdomen. It is submitted on behalf of the petitioners that a false case has been brought up against them. The petitioner No. 1 is a government employee working as a constable in Assam Police. On the contrary, the victim’s husband broke into the petitioner’s house in their absence. When the petitioner No. 1 received the information, he rushed back to his house but there was no altercation between the parties. Mr. R.J Barua, learned Additional Public Prosecutor, Assam has submitted that there are incriminating materials in the Case Diary against the petitioner. The victim has sustained simple injuries. I have considered the submissions that the petitioners are willing to cooperate with the remaining part of the investigation. I have also scrutinized the Case Diary. It appears that pre-arrest bail may be granted to the petitioner. In the event of their arrest the petitioners shall be enlarged on bail of Rs 30,000/- (Rs Thirty Thousand only) each with a suitable surety of like amount to the satisfaction of Page No.# 3/3 the arresting authority under the conditions that : (1) The petitioners shall appear before the I/O within 1(one) week and co-operate with the investigation. (2) The petitioners shall not exercise threats to the witnesses and the victim or try to manipulate the witnesses. On breach of any the aforementioned bail conditions, the bail order shall automatically stand cancelled. Send back the Case Diary. JUDGE Comparing Assistant