Page No.# 1/4 GAHC010202462025 2025:GAU-AS:13496 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2193/2025 AMINUL MONDAL @ AMINUR ISLAM AND 2 ORS. S/O ABDUL SALAM MONDAL R/O VILL- KANAIMARA PT.II P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR, ASSAM 2: AJBAHAR S/O ABDUL SALAM MONDAL R/O VILL- KANAIMARA PT.II P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM 3: JAKIR MONDAL S/O LATE GONI MONDAL R/O VILL- KANAIMARA PT.II P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S U AHMED, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, MR J RAHMAN (INFORMANT) BEFORE Page No.# 2/4 HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 26.09.2025 Mr. S.U. Ahmed, learned counsel for the petitioner and Mr. R. Kaushik, learned Addl. Public Prosecutor for the State. By this application, the petitioners have prayed for pre arrest bail in connection with South Salmara P.S Case No. 88/2025 under Section 190/191(2)/191(3)/329(1)/118(2)/109(1)/3(5) of BNS. The FIR dated 02.08.2025 reveals that while the informant, her husband, her younger brother and the younger brother of the husband were working in the field, the petitioner along with 2 others entered into the premise, armed with sharp weapon and attacked the husband of the informant and her brother and also attacked her. It is also alleged that when the informant raised hue and cry, the neighbours gathered to the place of occurrence and on seeing them, the petitioners and others fled from the place of occurrence. Mr. Ahmed, learned counsel for the petitioners submits that there a mutual fight amongst the parties and the petitioners have also lodged an FIR against the informant side. He also submits that the co-accused in the instant case has also be enlarged on regular bail. He also submits that the story projected by the Page No.# 3/4 informant is partly correct and that no injuries have resulted in the body of the informant side. Mr. R. Kaushik, learned Addl. Public Prosecutor however by relying upon the Case Diary submits that the petitioners have assaulted the informant as well as her family members as can be revealed from the statement of the witnesses. He also had relied upon the Injury Report of one of the victim i.e., the brother of the informant who had sustained grievous injury caused by sharp weapon. Upon consideration of the statements made by the counsels and more so on the established fact that both the parties have assaulted each other, this Court finds it fit that the petitioners may be released on pre arrest bail on furnishing a bail bond of Rs. 20,000/- each with one (1) local surety each of the like amount to the satisfaction of the Arresting Authority under the following conditions:- 1. The petitioner shall cooperate with the investigation and shall appear before the Investigating Officer as and when called for. 2. The petitioner shall not tamper with the evidence or influence any of the witnesses. 3. The petitioner shall not leave the jurisdiction of the Arresting Authority Page No.# 4/4 without prior permission of the said Court. Petition is disposed of. JUDGE Comparing Assistant