Page No.# 1/4 GAHC010158982025 2025:GAU-AS:11834 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1737/2025 AMIR UDDIN AND 2 ORS. S/O LT. SIDDIK ALI VILL- DIMRUPAR SIKARIBARI, P.O., P.S. AND DIST. HOJAI, ASSAM, PIN-782435 2: MASTAK AHMED S/O AFTAB ALI VILL- DIMRUPAR SIKARIBARI P.O. P.S. AND DIST. HOJAI ASSAM PIN-782435. 3: INTAJUL ISLAM @ NOBI HUSSAIN S/O ABU BAKKAR SIDDIK VILL- PUB DHANIRAM PATHER P.O. TELIBASTI P.S. AND DIST. HOJAI ASSAM PIN-78243 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R A CHOUDHURY, Z A LASKAR,M. ROBBANI,MR. R A MAZUMDER Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date: 02.09.2025 Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. M. Robbani, learned counsel appearing on behalf of the applicants. Also heard Mr. B. Sarma, learned Additional P.P., representing the State respondent. 2. The instant anticipatory bail application is filed by the accused applicants, under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused applicants, who are named in the FIR in connection with Hojai P.S. Case No. 251/2024, registered under Sections 61/103(1) of the BNSS, 2023. 3. The facts in brief arising in the present proceeding, as alleged in the FIR are that on 21.08.2024, at about 8.30 AM, the husband of the informant, Forid Uddin, went to the residence of one Nekbor at Tikadar Basthi, Garam Bazar. Thereafter, one Saddam Hussain and Nobi Hussain forcefully took him to one Merajul’s garage at Dimrupar in a black-colored Duster car. In the garage, the accused persons, namely Abdul Hussain, Ramjan Ali, Intajul Hoque, Merajul Hussain Saddam Hussain, Guljar Hussain, Mustak Ahmed, Amir Uddin, Jakir Hussain, After Hussain, Abdul Hunnan, Nobi Hussain, and Satrugon Yadav, allegedly conspired and severely beat the husband of the informant, accusing him of theft of one electric controller machine from Merajul’s petrol pump. The accused persons, thereafter, allegedly called the informant from two different mobile phones and demanded Rs. 30,000/- for her husband’s release. Thereafter, despite repeated attempts, the informant was unable to reach the accused persons. Later on, she learned from the police that her husband’s body was lying at Jurapukhuri Civil Hospital. Accordingly, she filed an FIR, as her husband was found to be dead later on. Page No.# 3/4 4. The learned Senior Counsel appearing on behalf of the accused applicants, submits that the 3(three) accused persons are not involved in the aforesaid alleged crime. He submits that there was an incident of theft occurred in the petrol pump as narrated in the FIR and finding the husband of the informant as the accused, people gathered there and beaten him up. He submits that there was no involvement of the accused 3 persons in beating and consequent killing of the victim. He further submits that at the time of the incident, the accused applicants were not among the individuals who were allegedly involved in beating of the victim. Instead, they came from their respective homes and upon hearing the commotion and seeing a gathering at the Dimrupar Sikaribari market, went to the place of occurrence. Therefore, he submits that there is no involvement of the accused applicants in the offences alleged in the aforesaid FIR. 6. The learned Additional P.P. has submitted the Case Diary of the instant matter before this Court. 7. The learned Senior Counsel further submits that one of the co-accused named in the FIR, namely, Satrugon Yadav also approached this Court by way of filing an anticipatory bail application being AB No. 2472/2023 and this Court, allowed the aforesaid application vide order dated 03.10.2024. 8. This Court has perused the materials available in the Case Diary as well as considered the submissions made by the learned respective counsels. 9. Upon perusal of the Case Diary, this Court could not find any incriminating materials against the accused persons as to their involvement in the offences alleged in the FIR. Therefore, considering the facts and circumstances of the case in its entirety, this Court is of the considered opinion that the applicants have made out a case for grant of anticipatory bail. 10. Accordingly, the instant anticipatory bail application stands allowed, subject Page No.# 4/4 to the following conditions: - 1. The applicants shall appear before the Investigating Officer within a period of 10(ten) days from the date of passing of this order. 2. The applicants shall furnish a bail bond of Rs. 20,000/- (Rupees twenty thousand only) each with one surety of the like amount to the satisfaction of the Investigating Officer. 3. The applicants shall cooperate with the investigation and shall make themselves available for interrogation by the Investigating Officers as and when required. 4. The applicants shall not hamper or tamper with the prosecution evidence in any manner whatsoever. 11. Accordingly, this instant anticipatory bail application is disposed of. JUDGE Comparing Assistant