Page No.# 1/4 GAHC010177422025 2025:GAU-AS:12086 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2598/2025 SARIF UDDIN @ SHARIF UDDIN AND ORS S/O- LATE MAHAMMAD @ MAHAMMAD ALI. R/O- VILL.-ADURIPARA, P.S.- KACHUMARA, DIST.- BARPETA, ASSAM. 2: ABDUL SALAM S/O- LATE MAINUDDIN. R/O- VILL.-ADURIPARA P.S.- KACHUMARA DIST.- BARPETA ASSAM. 3: ABDUL RAFIK ANSARY @ ABDUR ROFIK ANSARY S/O- SHARIF UDDIN. R/O- VILL.-ADURIPARA P.S.- KACHUMARA DIST.- BARPETA ASSAM. 4: SAMSUL HOQUE S/O- LATE IYASIN ALI. R/O- VILL. AND P.S.- KACHUMARA DIST.- BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A ALI, S.AHMED Advocate for the Respondent : PP, ASSAM, 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. A. Ali, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent. 2. By this application, the petitioners have prayed for bail in connection with Kachumara Police Station Case No. 26/2025 registered under Section 189(2)/191(2)/191(3)/117(2)/118(2) /329(3)/76/109/324(4) of the BNS, 2023. 3. The FIR dated 21.07.2025 reveals that the accused Nos. 1 to 6 including the petitioner Nos. 1 to 3 trespassed into the disputed land possessed by the informant and that they were armed with lethal weapons and started cutting the trees on the said land and when the brother of the informant went ahead to resist, the accused No. 2 arrayed in the FIR stabbed him with weapon as per direction of accused No. 1. It is further alleged that when other family members went ahead to save the said victim, the accused persons including the petitioners surrounded them and assaulted them and resultantly, the FIR was lodged. 4. Mr. H.R.A. Choudhury, learned Senior Counsel for the petitioners submits that there was a group fight with regard to the disputed land and that the wife of one of the accused person arrayed in the earlier FIR had lodged an ejahar stating that the informant’s side had trespassed into their land and assaulted her husband and other members of her family, which was registered as Page No.# 3/4 Kachumara Police Station Case No. 27/2025 and as such, he submits that in the absence of any specific act on the part of the petitioners and in view of the cross FIR, the learned Senior Counsel has prayed for bail. 5. Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent however on perusal of the Case Diary submits that specific acts are attributed to the present petitioners in assaulting the victim in the instant case. He had also placed 8 injury reports, by which it is shown that fractures, cut injuries were present and that the same reflect that there were grievous injuries on two of the person and simple injury by blunt weapon on another two victims and as such, he stated that no bail may be granted to the petitioners. 6. On considering the submissions made by the learned counsels at the bar and specifically in view of the statement made by the witnesses wherein they have stated that the accused persons including the petitioners have assaulted the victims, however, without alleging specific act/overt act on the part of the instant 4 (four) petitioners and more so, in view of the cross FIR lodged by the wife of one of the accused person, this Court deems it fit that the petitioners may be released on bail on furnishing bail bond of Rs. 20,000/- each with 1 local surety each of like amount to the satisfaction of the CJM, Barpeta under the following conditions:- 1. The petitioners will cooperate with the investigation and will appear before the Investigating Officer as and when called for. 2. The petitioners will not temper with the evidence or influence any other witnesses. 3. The petitioners will not leave their place of residence without prior permission of the CJM, Barpeta. Page No.# 4/4 7. Accordingly, the Bail Application stands disposed of. JUDGE Comparing Assistant