Page No.# 1/3 GAHC010162212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1760/2025 AHER ALI AND 2 ORS. S/O OMAR ALI R/O VILL- PASTIBARI, LALMATI, PART-I, DIST. DHUBRI, ASSAM PIN CODE- 783332 2: RASID ALI S/O UMAR ALI R/O PASTIBARI LALMATI PART-I P.O. LALMATI TUMBAGAN DIST. DHUBRI ASSAM PIN CODE- 783332. 3: RAFIK ALI S/O UMAR ALI R/O PASTIBARI P.O. MOLANDUBI8 DIST. DHUBRI ASSAM PIN CODE- 783334 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD. I HUSSAIN, MS. M MEDHI Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 08.09.2025 Heard Md. I. Hussain, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (i) Aher Ali (ii) Rasid Ali (iii) Rafik Ali, have prayed for granting pre-arrest bail, apprehending arrest in connection with Kazigaon P.S. Case No. 43/2025 under Section 329(3)/118(2)/74/3(5) of BNS, 2023. 3. The case arose out of an ejahar dated 15.06.2025 lodged by the informant Jorina Bibi with allegation against the accused who are stated to be her husband’s brother and nephew. It is alleged that there was a quarrel between the parties with regard to the land dispute and that on 14.06.2025 at around 9 p.m., the accused persons equipped with sharp weapon etc. trespassed into her house and assaulted her husband, brother-in-law and also outraged the modesty of her sister-in-law. It is alleged in the instant case the victims sustained grievous injury and were sent to Dhubri Medical College Hospital. 4. The learned counsel for the petitioners submits that the accused petitioner Ahmed Ali was granted interim bail vide order dated 29.07.2025. It is also submitted that the accused No. 5, named in the ejahar was granted regular bail Page No.# 3/3 in the meantime. 5. Learned Additional Public Prosecutor for the State submits that investigation has revealed incriminating materials against the accused persons including the three present petitioner herein. The injury/medical report, as recorded in the case diary, indicates fractures in the forearm and arm, and both injuries are categorized as grievous. 6. From the case diary, the findings of the medical report are corroborated by the allegations made in the statements of some of the witnesses. In the facts and circumstances and materials available so far, I am of the considered opinion that this is not an appropriate case to grant anticipatory bail to the petitioner. Accordingly, bail application stands rejected at this stage. The interim protection granted to the petitioner No. 1 vide order dated 29.07.2025 is hereby stands vacated. 7. With the above observations, this bail petition stands rejected and disposed of accordingly. 8. Send back the case diary. JUDGE Comparing Assistant