Page No.# 1/4 GAHC010194052025 2025:GAU-AS:13740 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2050/2025 CHATKU SHEIKH SON OF LATE BABU SHEIKH R/O VILL KHATANIYAPARA P.S. DHULA DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. M A I HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 14-10-2025 Heard Mr. M. A. I. Hussain, learned counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor, for the State respondent. Also heard Mr. R. Dhar, learned counsel for the informant. Page No.# 2/4 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, Chatku Sheikh, who is apprehending arrest in connection with Dhula P.S. Case No. 68/2025 under Sections 189(2)/109/117(2)/118(2) of the BNS, 2023. 3. Case diary has already been received. Perused the same. 4. It is submitted by Mr. Hussain, learned counsel that the present petitioner is innocent and has not committed any offence as alleged in the FIR. He further submitted that the present petitioner is 65 years old and he is entangled in the present case only because he is the father of some of the co-accused persons of the case and that apart he has committed any such offence as alleged in the FIR. 5. He further submitted that the case is not registered under Section 3(5) of the BNSS to prove any common intention against the accused petitioner in the present case. However, it is a fact that the present petitioner was present in the group at the time of the incident, but he did not commit any such offence as alleged in the FIR. 6. However, the petitioner is ready and willing to cooperate with the I.O. in further investigation of the case, if he is granted with some interim protection. 7. Mr. Baishya, learned Addl. PP submitted in this regard that prior to the date of rejection order, the case diary reveals sufficient incriminating materials against the accused petitioner, who was alleged to be involved in the incident. He also submits that the petitioner is an FIR named accused. But he submitted that as per recent note of the I.O. after the preparation of the progress note, it is seen that case is ready for filing the charge sheet. He further submitted that the bail may be considered on the note submitted by the I.O. in the case diary. 8. He further submits that from the note of the I.O. it also reveals that the investigation is almost complete and the case is ready for filing the charge sheet. Page No.# 3/4 9. Hearing the submissions made by the learned counsel for both sides and I have also perused the case diary as well as the earlier rejection order. It is a fact that there are sufficient incriminating materials against the accused petitioner and the nature of the offence is also grievous. But considering the note of the I.O. after completion of the investigation and other aspects of the case, I find it a fit case to grant the privilege of pre-arrest bail to the accused petitioner. 10. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Chatku Sheikh, in connection with Dhula P.S. Case No. 68/2025 under Sections 189(2)/109/117(2)/118(2) of the BNS, 2023, he shall be enlarged on pre-arrest bail on his executing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (I) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 11. This pre-arrest bail accordingly, stands disposed of. 12. Return the case diary. JUDGE Page No.# 4/4 Comparing Assistant