Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010190852025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2795/2025 OMAR FARUK AND ANR S/O MAHAR ALI R/O BAHATI CHAR P.S. GOALPARA RIVER DIST. GOALAPRA, ASSAM 2: MAHAR ALI @ MOHOR ALI S/OLT. MOKBUL HUSSAIN R/O BAHATI CHAR P.S. GOALPARA RIVER
DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER 10.09.2025
1. Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Mr. P.
Page No.# 2/3 Borthakur, learned Additional Public Prosecutor, Assam and Ms. D. Ghosh,
learned counsel appearing for the respondent No.2.
2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, Omar Faruk and Mahar Ali @ Mohor Ali, praying for grant of bail in connection with Goalpara River P.S. Case No. 12/2025 registered u/s 103(1)/3(5) of BNS.
3. The case arose out of an ejahar which alleges that the accused persons are family members and they are quarrelling with each other over land dispute and on the day of the incident there were assault on the deceased, Mojid Ali leading to his death.
4. Learned counsel for the petitioners submits that the investigation has progressed and their bail may be considered.
5. Mr. P. Borthakur, learned Addl. Public Prosecutor has produced the case diary and points out the relevant portions including the post-mortem report. He further submits that the present petitioners are named in the FIR and he opposes the prayer for bail at this stage.
6. Perused the relevant portion of the case diary including the statement of eye witnesses. Post mortem report reveals injuries over head, lung and kidney and final opinion regarding the death is pending for chemical analysis report. Seen the progress of investigation. The accused persons are in custody since 09.07.2025 and 17.07.2025 respectively.
7. Considering the progress of investigation and the length of detention- two accused persons named above are hereby allowed to go on bail of Rs.20,000/- each with one suitable surety of like amount each to the satisfaction of concerned learned court subject to the following conditions that the petitioners:
Page No.# 3/3 (a) shall not abscond and maintain peace. (a) shall co-operate with the remaining investigation. (b) Shall not hamper or tamper with evidence
8. Accordingly, this bail application stands allowed and disposed of.
9. Return the case diary.
JUDGE Comparing Assistant