Page No.# 1/3 GAHC010272732024 2025:GAU-AS:57 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3182/2024 MD HAIDAR ALI S/O LATE HUSSAIN ALI R/O RAMPUR DAMDAMA PATHAR P.S. DOLAKHAL DIST. NALBARI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. C K NATH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 03/01/2025 Heard Mr. S Munir, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent. Also heard Mr. R Islam, learned counsel for the informant. 2. The petitioner, namely, Md. Haidar Ali, son of Late Husain Ali, resident of Rampur, Damdama Pathar, P.S. Dolakhal, District-Nalbari, has filed this application under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending his arrest in Hatigaon P.S. Case No. 263/2024 registered under Sections 127(1)/117(2)/308(2)/140(3)/3(5) BNS, 2023 corresponding to G.R. No. 7015/2024. 3. As per the FIR dated 26.11.2024 lodged by the informant, one Azizur Rahman, petitioner of AB No. 3426/2024, who is known to him called him over phone stating that he need some help from him and and accordingly the informant went to meet said Azizur Rahman. When he met Azizur Rahman, he was assaulted by two other persons and during such assault, they snatched away his gold ring, gold chain, watch and other valuable assets available with him. Accordingly, said FIR was registered as Hatigaon P.S. Case No. 263/2024 under Sections 127(1)/117(2)/308(2)/ 140(3)/3(5) BNS, 2023. 4. Earlier the Court by order dated 05.12.2024 granted interim bail to the petitioner in said Hatigaon P.S. Case No. 263/2024, pursuant to which he appeared before the concerned Investigating Officer of the case and his statement has been recorded. 5. Perused the case diary placed before the Court by Mr. Parashar, learned Additional Public Prosecutor, Assam. 6. Mr. Islam, learned counsel for the informant has objected the bail prayer of the petitioner. 7. It is seen from the medical report of the victim/informant that he sustained simple injuries. However, it is also seen that the informant/victim did not state that it is the petitioner, Md. Haidar Ali, who assaulted him. 8. Considering the materials available in the case diary, the Court is of the view that custodial detention of the petitioner, named above, is not warranted to investigate the said Hatigaon P.S. Case Page No.# 3/3 No. 263/2024. As such, this pre-arrest bail application of the petitioner is accepted. 9. The petitioner, namely, Md. Haidar Ali is already on interim bail in said Hatigaon P.S. Case No. 263/2024 granted to him earlier by this Court on 05.12.2024 and the same is hereby made absolute, subject to the full compliance of the terms and conditions as specified in the said order dated 05.12.2024. 10. Violation of any of the aforesaid terms and conditions as specified in the said order dated 05.12.2024, noted above, the pre-arrest bail granted to the petitioner in said Hatigaon P.S. Case No. 263/2024 shall stand automatically vacated. 11. Accordingly, this pre-arrest bail application stands allowed to the extent above. 12. Return the case diary. JUDGE Comparing Assistant