Page No.# 1/3 GAHC010173972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1885/2025 MAMUN RASHID AND ORS S/O ABDUL MATIN R/O PUB BANDAR MELA PO CHIRANG PS MORAJHAR DIST HOJA PIN 782439 2: AFJAL HUSSAIN S/O SHAFIQUL HAQUE R/O CHARING PATHAR PO CHIRANG PS MORAJHAR DIST HOJA PIN 782439 3: RIYAZ UDDIN S/O FAIZUL HAQUE R/O CHARING PATHAR PO CHIRANG PS MORAJHAR DIST HOJA PIN 782439 4: TOSLIM AHMED S/O EKLAS UDDIN R/O CHARING PATHAR PO CHIRANG PS MORAJHAR DIST HOJA PIN 782439 5: INJAMUL HAQUE S/O ANSAR HUSSAIN R/O CHARING PATHAR PO CHIRANG PS MORAJHAR DIST HOJA PIN 782439 6: AKRAM HUSSAIN S/O SHAFIQUL HAQUE R/O CHARING PATHAR PO CHIRANG PS MORAJHAR DIST HOJA PIN 782439 7: GIYAS UDDIN ALIAS GIYAS HUSSAIN S/O LT FAIZUL HAQUE R/O CHARING PATHAR PO CHIRANG PS MORAJHAR DIST HOJA PIN 782439 8: ABDUL MATIN S/O LT ABDUR RAHIM SANGPUR R/O PUB BANDAR MELA PO CHARING PS MORAJHAR DIST HOJAI PIN 782439 9: JOINAL ABEDIN S/O LT FAIZUL BAR R/O PUB BANDAR MELA PO CHIRANG PS MORAJHAR Page No.# 2/3 DIST HOJAI PIN 78243 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate), MR. K H SAIKIA,MS N BEGUM Advocate for the Respondent : PP, ASSAM, MS B GOSWAMI(INFORMANT),MS P SAIKIA(INFORMANT),MR D TALUKDAR (INFORMANT),MR P CHOUDHURY(INFORMANT) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 17.09.2025 1. Heard Mr. K. K. Mahanta, learned senior counsel assisted by Mr. K. H. Saikia, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor and Mr. D. Das, learned senior counsel assisted by Mr. D. Talukdar, learned counsel for the informant. 2. This petition under Section 482 BNSS is filed for granting the privilege of pre- arrest bail to the petitioners, namely, (1) Afjal Hussain (2) Riyaz Uddin (3) Toslim Ahmed (4) Injamul Haque (5) Akram Hussain (6) Giyas Uddin @ Giyas Hussain (7) Abdul Matin and (8) Joinal Abedin, apprehending arrest in connection with Murajhar P.S. Case No. 109/2025 registered u/s 61(2)/103/238 of BNS. 3. The allegation in the ejahar lodged by wife of the deceased naming ten accused persons is that the accused persons in conspiracy killed her husband in a pre planned manner. 4. Learned senior counsel submits that the petitioners have been falsely implicated in a case which is actually a case of suicide pursuant to a complaint against Page No.# 3/3 the deceased about his involvement in a sexual molestation case of a minor. It is submitted that the petitioners are willing to render full co-operation. 5. Mr. P. Borthakur, learned Additional Public Prosecutor submits that there is a host of materials against the petitioners implicating their complicity in the alleged offence. There are also materials implicating their involvement in trying to pressurize the informant side and even law enforcing authority. 6. Mr. D. Das, learned senior counsel for the informant supports the contention of the prosecution. 7. The case diary has been received along with an elaborate bail objection. The IO has made some powerful contentions in his bail objection. It is stated that the story of sexual assault was a camouflage for the act which the investigation has found to have been undertaken in a pre planned manner. IO has stated that the accused persons are influential and due to their effort to influence even the higher police authority had to change the IO. It is contended that even the medical official has been sought to be pressurized. The IO has contended that granting of bail would cause serious prejudice to the investigations. 7. In view of the continuance of investigation and the points contended by the IO – in which I find sufficient force from the materials revealed by investigation – I am of the view that bail at this stage is likely to prejudice the investigative efforts. 8. Accordingly, the anticipatory bail application stands rejected at this stage and disposed of. 9. Return the case diary. JUDGE Comparing Assistant