Page No.# 1/3 GAHC010257672024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3201/2024 REJEK ALI AND 2 ORS S/O LATE ALIM UDDIN R/O VILL- NO. 2 KANDHBARI P.O. KANDHBARI, P.S. MUKALMUA DIST. NALBARI, ASSAM PIN-781126 2: CHAIFUL ISLAM @ SOFIZUL ISLAM S/O LATE ALIM UDDIN R/O VILL- NO. 2 KANDHBARI P.O. KANDHBARI P.S. MUKALMUA DIST. NALBARI ASSAM PIN-781126 3: INJAMUL HAQUE S/O LATE AKABBAR ALI R/O VILL- NO. 3 KANDHBARI P.O. KANDHBARI P.S. MUKALMUA DIST. NALBARI ASSAM PIN-78112 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S M MOLLAH, Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA 04/02/2025 Heard Mr. S. M. Mollah, the learned counsel appearing for the petitioners. Also heard Mr. R. R. Kaushik, the learned Additional Public Prosecutor, Assam for the State. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioners, namely, (1) Rejek Ali, (2) Chaiful Islam @ Sofizul Islam and (3) Injamul Haque, in connection with Mukalmua P.S. Case No. 124/2024 registered under Sections 341/294/325/326/34 IPC. 3. On 08.05.2024 at about 1:30 pm, two groups of people had a fight on the issue of boundary disputes of a fishery. In that incident, one person, named Hanif Ali sustained serious injuries and after 10/12 days of the said incident, he died in the hospital because of the injuries sustained in the said incident. 4. Both sides lodged two FIRs on the same incident. On the day of the occurrence, Jeherul Islam lodged the FIR accusing the present petitioners. Whereas, after the death of Hanif Ali, his son Baharul Islam lodged an FIR. 5. The FIR lodged by Baharul Islam, son of Hanif Ali has been charge-sheeted and the informant of the other FIR, namely, Jeherul Islam and some other persons are facing the trial. The FIR lodged by Jeherul Islam is still under investigation. 6. Today, Mr. Kaushik, the learned Additional Public Prosecutor, Assam has pointed out that the medical report available with the case diary shows that Lalmamud Ali had sustained injuries on his cheek leading to his nose. According to Mr. Kaushik, the said injury can be termed as a grievious one. 7. I have considered the submissions made by the learned counsels for both sides. 8. Earlier this Court rejected the pre-arrest bail application of the petitioner, but today, this Court is of the opinion that the petitioners, (1) Rejek Ali, (2) Chaiful Islam @ Sofizul Islam and (3) Injamul Page No.# 3/3 Haque deserves to be released on bail. Therefore, their pre-arrest bail application is allowed. 9. It is hereby directed that in the event of arrest in connection with Mukalmua P.S. Case No. 124/2024 registered under Sections 341/294/325/326/34 IPC, the petitioners, namely, (1) Rejek Ali, (2) Chaiful Islam @ Sofizul Islam and (3) Injamul Haque shall be released on bail of Rs.25,000/- each, with a surety of like amount to the satisfaction of the arresting authority. 10. The aforesaid three petitioners shall appear before the Investigating Officer within next 10 (ten) days from today. 11. With the aforesaid direction, the pre-arrest bail application is disposed of. 12. Case diary shall be returned. JUDGE Comparing Assistant