Page No.# 1/3 GAHC010214292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2866/2024 JALAL ALI S/O MAJID ALI, VILL- SINGIMARI KUCHGAON, P.O.-KACHARICHAR, P.S.- DHEKIAJULI, DIST- SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, S. TALUKDAR,A S PRODHANI Advocate for the Respondent : PP, ASSAM, \ Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 20.02.2025 Heard Mr. H R Choudhury, learned counsel for the petitioner and Mr. R R Kaushik, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS, 2023 the petitioner, namely, Jalal Ali, has prayed for pre-arrest bail in connection with Mangaldai P.S. Case No. 131/2024. The informant Rahimuddin has alleged in the FIR that in order to solve a land dispute amongst brothers there was a meeting held in the house of Bahir Ali. Thereafter, on 11.05.2024, at about 5.30 AM, many persons including Bahir Ali and 13 others had arrived at the courtyard of Rahimuddin. Those persons were armed with sharp weapons etc. Thereafter, both sides had a fight where sharp weapons were used. One person Aribuddin, the son of Rahimuddin sustained cut injuries for which Arbuddin lost his life. On the same day, Abul Hussain had lodged an FIR before Police alleging that a gang of robber had came to his house. They illegally broke upon the door of the house and looted an amount of Rs.1,10,000/-. Some gold ornaments were also looted. According to the informant Abul Hussain, many villagers were gathered there and the miscreants had to run away. Mr. Choudhury submits that miscreants came to commit robbery and the villagers attacked the robbers for which Aribuddin lost his life. Mr. Choudhury further submits that deceased Aribuddin was a dacoit against whom there are many other cases are pending. I have gone through the Case Diary. One witness namely Hasmat Ali has stated before Police that Aribuddin had brought him from his house along with some other persons. He was told that on the issue of land dispute there would be a quarrel. In the early morning, Aribuddin and his associates arrived at the place of occurrence and they were confronted by another group of people to attack them with sharp weapons. On seeing the entire incidents, this witness fled away from the place of occurrence. Page No.# 3/3 The statement of the witness Hasmat Ali supports the case presented by the present petitioner. There was a fight between two groups and the petitioner claims that one group was the gang of dacoits. The materials available in the Case Diary against the present petitioner Jalal Ali is not sufficient to justify his detention in custody. Therefore, the pre-arrest bail of the petitioner is allowed. It hereby directed that in the event of arrest of the petitioner, namely, Jalal Ali, in connection with Mangaldai P.S. Case No. 131/2024, the arresting authority shall release him on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to appear before the Investigating Officer within next 10[ten] days. The bail application is disposed of. Case Dairy shall be returned. JUDGE Comparing Assistant