Page No.# 1/3 GAHC010142432025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1496/2025 SHARIFUL ISLAM S/O- HUSSAIN ALI, R/O- VILLAGE- LAOGAON, SOLMARI, P.S.-NAGAON, SADAR, DIST.- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : DARAK ULLAH, MS A HUSSAIN,MRS S N KHANDAKAR,MR. M A LASKAR,SABRISH AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 24.09.2025 1. Heard learned Counsel Mr. S. Ahmed for the petitioner Shariful Islam who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail apprehending arrest in connection with Nagaon PS Case No. Page No.# 2/3 378/2025 under Sections 189(2)/ 117(2)/121(2)/ 308(2)/ 61(2)/ 109/ 174/351(2) of the BNS Act, 2023 . 2. Learned Addl. Public Prosecutor Mr. P.S. Lahkar is present for the State respondent who submits that there are incriminating materials in the Case Diary against the petitioner. 3. The FIR unfolds that on 07.05.2025, at about 4.30 pm, the petitioner along with some other miscreants surrounded the informant and obstructed him from discharging his duties during panchayat elections at Nagaon. 4. It is submitted on behalf of the petitioner that all the co-accused have been enlarged on bail and they are co-operating with the investigation. 5. I have scrutinized the Case Dairy. There are indeed incriminating materials in the Case Diary against the petitioner. However, I have considered the prayer of the petitioner on the ground of parity. Petitioner is willing to co-operate with the investigation and will abide by any stringent condition, if imposed upon him. 6. Considering all aspects, prayer for pre-arrest bail is allowed. 7. The petitioner named above shall be released on pre-arrest bail in the event of arrest on furnishing bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: (i) The petitioner shall appear before the 1.0. within one week and shall co-operate with the investigation, (ii) The petitioner shall refrain from such activity of which he is Page No.# 3/3 alleged, (iii) The petitioner shall not exercise any threats to the witnesses or try to influence them, (iv)The petitioner shall not leave the jurisdiction of the Court without prior permission and (v)That the petitioner shall appear before the I.O. every fortnight till completion of the investigation. 8. On breach of any of the above conditions, pre-arrest bail granted to the petitioner shall automatically stand cancelled. 9. In terms of the above observations, the pre-arrest bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant