Page No.# 1/3 GAHC010252792024 2025:GAU-AS:5953 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3126/2024 FARUQUE AHMED AND 2 ORS S/O AMIR UDDIN R/OMAGURMARI VILLAGE P.S. RUPAHIHAT DIST. NAGAON ASSAM 2: ISMAIL HUSSIAN S/O IBRAHIM ALI R/O VILL- MORIPUTHIKHAITY P.S. RUPAHIHATI P.O. KAWAIMARI DIST. NAGAON ASSAM 3: ABU HANIFA S/O ISMAIL HUSSAIN R/O VILL- MORIPUTHIKHAITY P.S. RUPAHIHATI P.O. KAWAIMARI DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Page No.# 2/3 ------------ Advocate for : MR. A M BORA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 14.05.2025 Heard Mr. A. M. Bora, learned Senior Counsel assisted by Mr. V. A. Chowdhury, learned counsel for the petitioners. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 482 of BNSS, praying for grant of pre-arrest bail to the accused/petitioners, who have been apprehending arrest in connection with Rupahihat P. S. Case No. 381/2024, registered under Sections 189(2)/126(2)/125/118(2)/324(4/324(5)/109/174 of BNS read with Section 25 (1- A)/27 of Arms Act. 3. The Case Diary has been received and I have perused the same. 4. It is submitted by the learned Senior Counsel, Mr. Bora, that the petitioners are innocent and have not committed any offence as alleged in the FIR. He further submitted that after obtaining interim pre-arrest bail, the petitioners appeared before the Investigating Officer (I.O.) and recorded their statements. Moreover, he submits that there are no direct allegations against the petitioners in the case record. He further submits that the petitioners are cooperating with the investigation and remain ready and willing to extend their cooperation to the I.O. in the further course of the investigation, if their interim pre-arrest bail is made absolute. 5. On the other hand, Mr. Lahkar, learned Additional Public Prosecutor, submitted Page No.# 3/3 that it is an admitted fact that an incident occurred in which some individuals sustained injuries. However, the medical report indicates that the injuries are simple in nature. He further submitted that the accused/petitioners appeared before the I.O. after obtaining interim pre-arrest bail, and their statements have been recorded. He also submitted that although some cartridges were recovered from the place of occurrence, there is no evidence indicating who discharged the firearm. 6. After hearing the submissions made by the learned counsel for both sides, and upon perusal of the materials available in the Case Diary, including the Medical Report vis-à-vis the conduct of the accused/petitioners, I find it appropriate to allow the prayer made by the learned counsel for the petitioners. Accordingly, the interim pre- arrest bail granted to the accused/petitioners vide order dated 06.12.2024 is hereby made absolute, on the same terms and conditions 7. In terms of above, this anticipatory bail application stands disposed of. 8. The Case Diary be sent back. JUDGE Comparing Assistant