Page No.# 1/4 GAHC010167412025 2025:GAU-AS:12087 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1836/2025 KAMAL UDDIN AHMED AND 2 ORS. SON OF LATE MAIN UDDIN AHMED VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA, ASSAM 2: HABIB ABUL KALAM AZAD S/O LATE MAIN UDDIN AHMED VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 3: SHAJAHAN ALI S/O LATE AIN UDDIN VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR. N UDDIN,MR H R A CHOUDHURY,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, MR A K AZAD (INFORMANT) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 05.09.2025 Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. N. Uddin, learned counsel appearing for the petitioners and Mr. P. Borthakur, learned Addl. P.P., Assam for the State. Mr. A. K. Azad, learned counsel has appeared for the informant although the informant is not made a party in this petition. By this application filed under Section 482 of the BNSS, 2023 the petitioners, viz., 1) Kamal Uddin Ahmed, 2) Habib Abul Kalam Azad and 3) Shajahan Ali have prayed for pre-arrest bail in connection with Kachumara Police Station Case No.26/2025 registered under Sections 189(2)/191(2)/ 191(3)/329(3)/117(2)/118(2)/76/109/324(4) of the BNS, 2023. The F.I.R. dated 21.07.2025 reveals that the petitioners along with others had trespassed into the land of the informant and had cut the trees standing thereon and that when the elder brother of the informant came out to prevent them, the petitioner No.1 ordered petitioner No.2 to attack his elder brother and he was attacked and was seriously injured. It was also stated that when other family members came out of the house to rescue the elder brother of the informant, all the accused persons including the petitioners attacked them with sharp weapons and caused serious injuries on them. Mr. H.R.A. Choudhury, learned senior counsel appearing for the petitioners submits that there was a quarrel over the ownership of the disputed plot of land Page No.# 3/4 between the petitioners and the informant. On the said date there was a group fight and that one cross-F.I.R. was also lodged by the wife of one of the accused persons which was registered as Kachumara P.S. Case No.27/2025. Mr. P. Borthakur, learned Add. P.P., on perusal of the Case Diary submits that the petitioners had attacked the victims more specifically the petitioner No.2 on the order of the petitioner No.1 had assaulted the victim viz., Somer Ali, the brother of the informant. The learned Addl. P.P. has also placed the injury report on a number of victims which shows that on a few of them there was grievous injuries and on others it was simple injuries caused by blunt objects and as such has objected to the grant of bail to the present petitioners. Upon consideration of the submissions made by the learned counsel for the parties, it is noticed one Somer Ali i.e. the brother of the informant is stated to have been attacked by the petitioner No.2 on the order of the petitioner No.1 but on perusal of the Case Diary it is reflected that one Somer Ali is injured and the father’s name of the injured reflected in the F.I.R. and the injury report does not tally. Further, no overt act was mentioned in respect of the petitioner No.3 although the witnesses have stated that all the accused persons including the petitioners have attacked the victims. In view of the discussions made herein above, this Court finds it fit to release the petitioners on pre-arrest bail on furnishing a bail bond of Rs.20,000/ each with one local surety each of the like amount to satisfaction of the arresting authority under the following conditions :- Page No.# 4/4 (1) That the petitioners shall appear before the Investigating Officer within 7 (seven) days from today and shall cooperate with the investigation of the case. (2) That the petitioners shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioner shall not leave the jurisdiction of the arresting authority without prior permission. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant