Page No.# 1/4 GAHC010215332025 2025:GAU-AS:13715 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2353/2025 FAKARUDDIN AHMED AND 4 ORS. SON OF LATE TAYABAR RAHMAN RESIDENT OF VILLAGE BOGRIGURI GAON ALIAS BAGRIGURI PATHAR, P.S. SARBGIGM PO CHUKRUNGBARI, DISTRICT BARPETA, ASSAM,PIN 781317 2: ALMASUD AHMED ALIAS ALMAS AHMED S/O FAKARUDDIN AHMED RESIDENT OF VILLAGE BOGRIGURI GAON ALIAS BAGRIGURI PATHAR P.S. SARBGIGM PO CHUKRUNGBARI DISTRICT BARPETA ASSAM PIN 781317 3: ALFARID AHMED ALIAS ALFARID S/O FAKARUDDIN AHMED RESIDENT OF VILLAGE BOGRIGURI GAON ALIAS BAGRIGURI PATHAR P.S. SARBGIGM PO CHUKRUNGBARI DISTRICT BARPETA ASSAM PIN 781317 4: ASRAFUL ISLAM ALIAS ASRAFUL ALI S/O FAKARUDDIN AHMED RESIDENT OF VILLAGE BOGRIGURI GAON ALIAS BAGRIGURI PATHAR P.S. SARBGIGM PO CHUKRUNGBARI DISTRICT BARPETA ASSAM PIN 781317 5: ARIF ABDULLAH ALIAS ARIFUL ALI S/O FAKARUDDIN AHMED RESIDENT OF VILLAGE BOGRIGURI GAON ALIAS BAGRIGURI PATHAR P.S. SARBGIGM PO CHUKRUNGBARI Page No.# 2/4 DISTRICT BARPETA ASSAM PIN 78131 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR R S CHAUHAN, MR. B HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 14.10.2025 Heard Mr. R.S. Chauhan, learned counsel appearing for the petitioners. Also heard Mr. K. K. Das, learned Addl. Public Prosecutor for the State. By this application, the petitioner has sought for pre arrest bail in connection with Sarbhog P.S Case No. 129/2024 corresponding to GR Case No. 1370/2024 registered under Section 61(2)/126(2)/109/117(2)/118(2) of BNS, 2023. The FIR dated 05.11.2024 reflects that while the elder brother of the informant was coming home, the petitioners along with others armed with sharp weapons attacked the elder brother of the informant as a result of which the victim sustained grievious injuries. It is also stated in the FIR at that juncture, Page No.# 3/4 the Deputy Superintendent of Police arrived at the spot and made blank fire to control the situation and that his brother was rescued in the process. Mr. R.S. Chauhan, learned counsel appearing for the petitioners states that the story reflected in the said FIR is a concocted one and the real story is as mentioned in Paragraph No.4 of the petition wherein it is stated that it was the petitioner no. 1 who was stopping the informant from practicing gambling and playing cards in the market and in the process there was a fight and the police had to come and control the situation. Mr. K. K. Das, learned Addl. Public Prosecutor however submits that the injuries sustained by the elder brother of the informant is a grievious one. He submits that the injured person have given his statement that all the petitioners along with others had attacked him and had caused the injuries. On consideration of the submissions made at the bar and more so on the facts narrated in the FIR that the Deputy Superintendent of Police arrived at the spot and had to fire in blank to control the situation shows that the story narrated in the FIR is not the actual story because there has to be a fight from both the sides which is actually not stated in the FIR. In view of the same, this Court finds it fit that the petitioners may be released on pre arrest bail on furnishing of a bail bond of Rs. 20,000/-(Rupees twenty thousand) each with one (1) local surety each of the like amount to the Page No.# 4/4 satisfaction of Arresting Authority under the following conditions:- 1) The petitioners shall cooperate with the investigation and shall appear before the Investigating Officer as and when called for. 2) The petitioners shall not tamper with the evidence or influence any of the witnesses. 3) The petitioners shall not leave the jurisdiction of the Arresting Authority without prior permission of the said Authority. The petition is disposed of. JUDGE Comparing Assistant