Page No.# 1/4 GAHC010198012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2124/2025 MALEK UDDIN ALIAS MALEK ALI ALIAS MALEK AND 3 ORS. S/O ALI AKABBAR R/O VILL- NO. 2 SHYAMPUR P.O. DALGAON P.S. SHYAMPUR DIST. DARRANG, ASSAM 2: MUSLIM UDDIN @ MUSLIMUDDIN S/O DILBAR HUSSAIN R/O VILL- NO. 2 SHYAMPUR P.O. DALGAON DIST. DARRANG ASSAM 3: BABUL UDDIN @ BABUL S/O MUSLIM UDDIN R/O VILL- NO. 2 SHYAMPUR P.O. DALGAON P.S. SHYAMPUR DIST. DARRANG ASSAM 4: MAINUL @ NUR HUSSAIN S/O SAHA ALI R/O VILL- NO. 3 SHYAMPUR P.O. DALGAON P.S. SHYAMPUR DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. M I HUSSAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 15 .09. 2025 Heard Mr. M.I. Hussain, learned counsel for the petitioners and Mr. P.S. Lahkar, learned Addl. P.P. for the State respondent. This application has been preferred by the petitioners namely, (1) Malek Uddin @ Malek Ali @ Malek, (2) Muslim Uddin @ Muslimuddin, (3) Babul Uddin @ Babul and (4) Mainul @ Nur Hussain under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail, apprehending arrest in connection with Shyampur P.S. Case No. 15/2025 under Sections 127(2)/132/189(2)/191(2)/3(5)/61(2) of BNS, 2023. As per allegation made in the FIR, a team of Forest Official of Orang National Park, Regional Forest Office went for patrolling in Badli Bairali Char on 01.08.2025 and on noticing some illegal house construction near thereon, they started to demolish the same and at that time huge gathering of people arrived there and prevented the forest officials on doing their duties. It is stated in the FIR that some of them obstructed the forest official and started to assault them. It is submitted on behalf of the petitioners that Section 132 of BNS in the FIR are available, however, Section 132 BNS is to use for criminal acts and necessary for ingredients and there is no such allegation. Page No.# 3/4 Upon perusal of the case diary, the learned Addl. Public Prosecutor submits that the allegations are on the same line as mentioned in the FIR. Having regard to the nature of the allegation made in the FIR I am inclined to allow the prayer for pre-arrest bail to the petitioners. Accordingly it is provided that in the event of arrest of the petitioners named above, they are allowed to go on pre arrest bail on furnishing a bond of Rs. Rs. 20,000/- (Rupees twenty thousand only) each with two sureties each of like amount to the satisfaction of the arresting authority in connection with the aforementioned case, subject to the following conditions:- 1. That the petitioners shall appear before the I.O. within 7 (Seven) days from today. 2. That the petitioners shall make himself available for interrogation by the Investigating Officer as and when required; 3. 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 from disclosing such facts to the Court or any other police officer, and 4. That the petitioners shall not hamper with the investigation or tamper with the evidence of the case. With the above directions, this bail application stands disposed of. Page No.# 4/4 Send back the case diary. JUDGE Comparing Assistant