Page No.# 1/6 GAHC010012132025 2025:GAU-AS:1286 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/55/2025 ABDUS SATTAR S/O- LATE ABDUS SALAM, VILLAGE-CHAMPUPARA PATHAR, P.S- CHAYGAON, DIST- KAMRUP, ASSAM, PIN-781136, VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : PUJA GHOSH, MS. B DAS,MR. A M AHMED,MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Linked Case : AB/3086/2024 ABDUS SATTAR AND ORS S/O LATE ABDUS SALAM VILLAGE CHAMPUPARA PATHAR PS CHAYGAON DIST KAMRUP ASSAM 781136 2: MD. NURUL ISLAM S/O LATE MUNNAF ALI Page No.# 2/6 RESIDENT OF VILLAGE GHORAMARA PATHAR PS CHAYAGAON DIST KAMRUP ASSAM 781136 3: AKKAS ALI AHMED S/O LATE BABUR ALI RESIDENT OF VILALGE GOROIMARI SATRA PS GOROIMARI DIST KAMRUP ASSAM 781137 4: ABDUR RAHMAN S/O LATE ABDUL SUKUR VILLAGE MAJORTOP PS CHAYAGAON DIST KAMRUP ASSAM 781137 5: FAIZNUR ALI S/O LATE SORHAB ALI VILLAGE MAJORTOP PS GOROIMARI DIST. KAMRUP ASSAM 781137 6: MD. MOZIBAR RAHMAN S/O MD. LALCHAN ALI VILLAGE KALAHIKASH PS BOKO DIST KAMRUP ASSAM 781123 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. K N CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 3/6 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07-02-2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel for the applicant Abdus Sattar in I.A. (Crl.)/55/2025., Mr. K.N. Choudhury, learned Senior counsel for the petitioner Nos. 1. Abdus Sattar, 2. Md. Nurul Islam, 3. Akkas Ali Ahmed, 4. Abdur Rahman, 5. Faiznur Ali and 6. Md. Mozibar Rahman in AB No. 3086/2024, who have filed these applications with prayer for pre-arrest bail as they are apprehending arrest in connection with Goroimari Police Station Case No. 128/2024 under Section 103/126(2)/3(5) of Bharatiya Nyaya Sanhita, 2023. 2. It is submitted that the applicant Abdus Sattar is an advocate and a member of Gauhati High Court Bar Association. A false allegation has been brought up against him. On the contrary, it is submitted that the applicant learnt through a phone call at 9:47 PM on 16.11.2024 from Abdul Kayum Al-Aman that someone has stabbed the informant’s son Lohit Hussain and the police was informed about the incident. It is submitted that the applicant Abdus Sattar was not present at the place of occurrence at the time of the incident. 3. It is further submitted that prior to the FIR No. 128/2024, two FIRs were lodged by Abdur Rezzak, the elder brother of accused No.1 - Rakibul Islam against the informant and his son i.e. Lohit Hussain, which is registered as Chayagaon Police Station Case No. 554/2023 and Chayagaon Police Station Case No. 392/2024. There was rivalry between two groups. It is further submitted that the victim along with his associates went to attack the accused Nos. 1 and 2 named in the FIR, which resulted in the unfortunate incident. It is further submitted that the present applicant Abdus Sattar is not related to accused Nos. Page No.# 4/6 1 and 2 i.e. Rakibul Islam and Abdur Rejak. The applicant Abdus Sattar has been implicated by the informant at the instance of some encroachers of Champupara Bazar and as an honorary President, the present applicant Abdus Sattar brought a Title Suit No. 67/2024 along with Misc (J) Case No. 116/2024 against the encroachers, who are close relatives of the informant. 4. Annexures-3 and 4 are the copies of the FIR of Chayagaon Police Station Case No. 554/2023 and Chayagaon Police Station Case No. 392/2024. Annexure-6 is the order in FAO No. 29/2024 by this Court on 08.05.2024 and Annexure-8 are the copies of civil cases. 5. It is further submitted that the main accused Rakibul Hussain was already arrested at the spot along with one knife from his possession and forwarded to jail on 18.11.2024. The applicant through Anticipatory Bail application No. 3086/2024 preferred a bail application along with the other petitioners who are his co-accused in connection with Goroimari Police Station Case No. 128/2024 and AB No. 3086/2024 is also taken up together with this case. 6. The FIR unfolds that on 16.11.2024 at about 9.30 PM during the Brahmaputra Valley Academy Youth Festival held at Goroimari Town Club Field, the accused named in the FIR including the present applicant in I.A. (Crl.)/55/2025 as well as the petitioners in AB/3086/2024, which also includes the present applicant Abdus Sattar, in a pre-planned manner and at the instance of accused Nos. 8, 9, 10, 11, 12, 14 and 15 named in the FIR, attacked Lohit Hussain with knives. The victim’s friends tried to prevent the fight and restrained the accused named in the FIR and the victim ran towards the temporary shop in bleeding condition but on the instigation of accused Nos. 8, 9, 10, 11, 12, 14 and 15 named in the FIR, the other accused Nos. 1, 2, 3, 4, 5, Page No.# 5/6 6, 7 and 13 pursued him and they entered into the shop and they killed the victim Lohit Hussain. 7. Heard learned Additional Public Prosecutor Mr. D.P. Goswami for the respondent State. 8. I have considered the submissions at the bar with circumspection. 9. Learned Additional Public Prosecutor has categorically stated that there are incriminating direct allegation against Mozibar Rahman. I have also scrutinized the Case Diary and the statements of the witnesses under Section 164 of Code of Criminal Procedure, 1973. 10. Indeed there are incriminating materials in the Case Diary against the applicant Abdus Sattar. Investigation is still under progress. 11. Considering the submissions at the bar and considering the gravity of the offence, petition with prayer for anticipatory bail of the applicant/petitioner Abdus Sattar and Md. Mozibar Rahman is rejected at this stage. 12. However, it appears that anticipatory bail may be granted to the petitioner Nos. 2 Md. Nurul Islam, 3. Akkas Ali Ahmed, 4. Abdur Rahman and 5. Faiznur Ali. 13. In the event of his arrest, the petitioner No. 2 Md. Nurul Islam shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioner No. 2 shall appear before the Investigating Officer within Page No.# 6/6 one week and cooperate with the investigation, (ii) the petitioner No. 2 shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) the petitioner No. 2 shall not exercise threats to the witnesses and, (iv) the petitioner No. 2 shall not leave the jurisdiction of the Court without prior permission. 14. The interim bail order dated 03.12.2024 in connection with AB/3086/2024 granted to petitioner Nos. 3. Akkas Ali Ahmed, 4. Abdur Rahman and 5. Faiznur Ali is made absolute under the same terms and conditions. 15. On breach of any of the bail conditions, bail order shall automatically stand cancelled. 16. In terms of the above observation, both the Interlocutory Application as well as the Anticipatory Bail application stand disposed of. 17. Send back the Case Diary. JUDGE Comparing Assistant