Page No.# 1/3 GAHC010254782024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3155/2024 ISMAIL HUSSAIN @ ISMAIL ALI AND ANR. S/O MOHAR ALI R/O VILL- DAMPUR, P.S. HAJO DIST. KAMRUP, ASSAM 2: AKHTAR HUSSAIN @ SANU ALI S/O MOHAR ALI R/O VILL- DAMPUR P.S. HAJO DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MS. A AKHTAR,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.01.2025 Heard Mr. H.R.A.Choudhury, learned Senior Counsel assisted by Mr. N.Uddin, learned counsel for the petitioners and Mr. R.R.Kaushik, learned Addl.P.P. for the State respondent. This application under Section 482 of the BNSS, 2023 has been filed praying for grant of pre-arrest bail to the petitioners, 1. Ismail Hussain @ Ismail Ali and 2. Akhtar Hussain @ Sanu Ali in respect of Hajo PS Case No. 417/2024 under Section 191(2)/191(3)/117(3)/109 of the BNS Act. The informant Karimuddin Ahmed had lodged an FIR stating that on that day at about 5 pm, the present two petitioners along with four other persons came to his shop and attacked him with a sharp weapon. It is alleged that the sharp weapon missed the target but had caused cut injury to the right hand of Karimuddin. He said that one part of his lip was also cut. It may be mentioned that a person called Altaf Hussain had also lodged an FIR alleging that on 25.10.2024 evening , at about 4 pm, Karimuddin and two others persons had quarrel with Altaf Hussain on the issue of some family matters. It is alleged that the informant of the other FIR namely, Karimuddin Ahmed and five other persons had used sharp weapon to take Altaf Hussain and his family members. It may be mentioned here that police registered the Hajo PS Case No.416/2024 on the basis of the FIR lodged by Altaf Hussain. Mr. Choudhury submits that police had filed charge sheet in the case. Page No.# 3/3 So far as the allegation brought by Karimuddin Ahmed is concerned, learned Addl.P.P. submits that case diary reveals that one person sustained cut injuries on the hand and on the hip but the medical report does not disclose the nature of the injury. I have considered the submission of both sides. From the clean reading of both the FIRs, it appears that on 25.10.2024, some violent activities took place between parties but since the types of injuries sustained were not mentioned by the doctor, it will be difficult to have opinion about the injuries. For the aforesaid reasons, this court is of the opinion that above petitioners does not deserve to be detained in custody and therefore, their prayer for pre- arrest bail is hereby allowed. It is further directed that in the event of arrest of the present petitioners, they shall be released on furnishing bail bond of Rs.25,000/- each with a surety each of like amount to the satisfaction of the arresting authority. The petitioners shall appear before the I.O. within 10 days from today and shall co-operate with the investigation. With the aforesaid direction, the pre-arrest bail application stands disposed of. Case diary be returned back. JUDGE Comparing Assistant