Page No.# 1/4 GAHC010211802025 2025:GAU-AS:13104 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2333/2025 MD JABAN ALI ALIAS JABAN ALI AND 2 ORS S/O MD. NAJIMUDDIN R/O VILL- NO. 5 NANGLICHOR P.S. SHYAMPUR DIST. DARRANG, ASSAM 2: MD. ASANUDDIN @ ACHARUDDIN S/O LATE TAYEB ALI R/O VILL- NO. 5 NANGLICHOR P.S. SHYAMPUR DIST. DARRANG ASSAM 3: MD. SABED ALI @ CHABED ALI S/O LATE TAYEB ALI R/O VILL- NO. 5 NANGLICHOR P.S. SHYAMPUR DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 22.09.2025 Heard Mr. M. Hoque, learned counsel appearing for the petitioners. Also heard Mr. K. Baishya, learned Addl. Public Prosecutor for the State. By this application, the petitioners have prayed for pre arrest bail in connection with P.R.C. Case No. 1102/2022 registered under Section 436 of the IPC in connection with G.R. Case No. 3100/2019 arising out of Shyampur P.S. Case No. 147/2019. The FIR dated 12.10.2019 reveals that on the day prior i.e. 11.10.2019, some miscreants had set fire on the residential house of the informant and that somehow by the intervention of the neighbours, the informant could rescue himself and his wife. In pursuance to the said FIR, the police investigated the case and submitted charge sheet vide charge sheet No. 32/2021 on 31.05.2021. In the said charge sheet, the petitioners were arrayed as the accused persons and were shown as absconders. After submissions of the charge sheet, the non bailable warrant of arrest were issued against the petitioners. Mr. M. Hogue, learned counsel for the petitioners submits that the petitioners were not aware about the incident and they came to know when the police personnel went to their house after the non bailable warrant of arrest was Page No.# 3/4 issued against them and he submits that the petitioners are ready to cooperate with the trial of the case. Mr. K. Baishya, learned Addl. Public Prosecutor however submits that the petitioners were shown as absconders and although non bailable warrant of arrest were issued against them, the petitioners have not appeared before the Trial Court and has therefore prayed that no bail may be granted to them. It is seen that the instant case related way back to the year 2019 and the charge sheet has been submitted in 2021 and non bailable warrant of arrest were issued on 09.07.2025. In view of the submissions made above and in view of the time taken in submitting the charge sheet and issuing non bailable warrant of arrest, this Court deems it fit that the petitioners may be allowed on pre arrest bail on furnishing of a bail bond of Rs. 20,000/- (Rupees twenty thousand) each with one (1) local surety each to the satisfaction of the learned CJM,Darrang under the following conditions:- 1) The petitioners shall co-operate with the investigation and shall appear before the CJM, Darrang as and when called for. 2) The petitioners shall not tamper with the evidence or influence the witnesses. 3) The petitioners shall not leave the jurisdiction of the CJM, Darrang Page No.# 4/4 without the permission of the said Court. The petition is disposed of. JUDGE Comparing Assistant