Page No.# 1/6 GAHC010194052025 2025:GAU-AS:13740 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2109/2025 SAFIUR RAHMAN AND 11 ORS S/O CHATKU SHEIKH VILL- KHATANIYAPARA P.O. DHULA P.S. DHULA DIST. DARRANG, ASSAM 2: SAIDUR RAHMAN S/O CHTKU SHEIKH VILL- KHATANIYAPARA P.O. DHULA P.S. DHULA DIST. DARRANG ASSAM 3: WAIDUR RAHMAN S/O CHATKU SHEIKH VILL- KHATANIYAPARA P.O. DHULA P.S. DHULA DIST. DARRANG ASSAM 4: ESADUL HOQUE @ ISADUR RAHMAN S/O CHATKU SHEIKH VILL- KHATANIYAPARA P.O. DHULA P.S. DHULA DIST. DARRANG ASSAM 5: HABIBUR RAHMAN S/O CHATKU SHEIKH VILL- KHATANIYAPARA Page No.# 2/6 P.O. DHULA P.S. DHULA DIST. DARRANG ASSAM 6: BULBUL HUSSAIN S/O YUSUF ALI VILL- KHATANIYAPARA P.O. DHULA P.S. DHULA DIST. DARRANG ASSAM 7: SIDDIQUE ALI S/O LT. JONAB ALI VILL- KHATANIYAPARA P.O. DHULA P.S. DHULA DIST. DARRANG ASSAM 8: MIZANUR RAHMAN S/O IBRAHIM ALI VILL- KHATANIYAPARA P.O. DHULA P.S. DHULA DIST. DARRANG ASSAM 9: AJIJUR RAHMAN S/O SHARIF ALI @ SARIFUDDIN VILL- KHATANIYAPARA P.O. DHULA P.S. DHULA DIST. DARRANG ASSAM 10: SAIBAR ALI S/O SURAJ ZAMAL VILL- KHATANIYAPARA P.O. DHULA P.S. DHULA DIST. DARRANG ASSAM 11: SATTAR ALI S/O SURAJ ZAMAL @ IBRAHIM ALI VILL- KHATANIYAPARA Page No.# 3/6 P.O. DHULA P.S. DHULA DIST. DARRANG ASSAM 12: RAHMAT ALI S/O SURAJ ZAMAL @ SURAJ ALI VILL- KHATANIYAPARA P.O. DHULA P.S. DHULA DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR R A AHMED, MR. N J DUTTA,MR. M ALI,MR. A A MONDAL,MR A ALAM Advocate for the Respondent : PP, ASSAM, MR. B RAHMAN (INFORMANT),MR R DHAR(INFORMANT) Page No.# 4/6 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 14-10-2025 Heard Mr. N. J. Dutta, learned counsel for the petitioners and Mr. K. Baishya, learned Additional Public Prosecutor, for the State respondent. Also heard Mr. R. Dhar, learned counsel for the informant. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, namely, (i) Safiur Rahman, (ii) Saidur Rahman, (iii) Waidur Rahman, (iv) Esadul Hoque @ Isadur Rahman, (v) Habibur Rahman, (vi) Bulbul Hussain, (vii) Siddique Ali, (viii) Mizanur Rahman, (ix) Ajijur Rahman, (x) Saibar Ali, (xi) Sattar Ali and (xii) Rahmat Ali who are 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. Dutta, learned counsel that the present petitioners are innocent and have not committed any offence as alleged in the FIR. However, during pendency of this case, the petitioner No.8, namely, Mizanur Rahman already got arrested in connection with this case. 5. He further submitted that the case is not registered under Section 3(5) of the BNSS to prove any common intention against all the accused petitioner in the present case. However, it is a fact that the present petitioners were present in the group at the time of the incident, but they did not commit any such offence as alleged in the FIR. 6. However, the petitioners are ready and willing to cooperate with the I.O. in Page No.# 5/6 further investigation of the case, if they are 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 all the accused petitioners, who were alleged to be involved in the incident. He also submits that all the petitioners are FIR named accused persons. But he submitted that as per recent note of the I.O. after the preparation of the progress note, it is seen that the 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. 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 all the accused petitioners 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 petitioners. 10. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Safiur Rahman, (ii) Saidur Rahman, (iii) Waidur Rahman, (iv) Esadul Hoque @ Isadur Rahman, (v) Habibur Rahman, (vi) Bulbul Hussain, (vii) Siddique Ali, (viii) Mizanur Rahman, (ix) Ajijur Rahman, (x) Saibar Ali, (xi) Sattar Ali and (xii) Rahmat Ali, in connection with Dhula P.S. Case No. 68/2025 under Sections 189(2)/109/117(2)/118(2) of the BNS, 2023, they shall be enlarged on pre-arrest bail on their executing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: Page No.# 6/6 (I) that the petitioners 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 petitioners 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 Comparing Assistant