Page No.# 1/5 GAHC010258982024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3206/2024 HASMAT ALI AND 4 ORS S/O LATE ALOM MIYA R/O VILL- GORAIMARI HABI P.S. BARPETA, DIST. BARPETA, ASSAM PIN- 781309 2: REHENA BEGUM @ REHENA KHATUN W/O HASMAT ALI R/O VILL- GORAIMARI HABI P.S. BARPETA DIST. BARPETA ASSAM PIN- 781309 3: TARA BHANU W/O KARIM ALIR/O VILL- GORAIMARI HABI P.S. BARPETA DIST. BARPETA ASSAM PIN- 781309 4: ABDUL KARIM S/O LATE ALOM ALI R/O VILL- GORAIMARI HABI P.S. BARPETA DIST. BARPETA ASSAM PIN- 781309 5: TAHER ALI Page No.# 2/5 S/O RACHU MIYA R/O VILL- GORAIMARI HABI P.S. BARPETA DIST. BARPETA ASSAM PIN- 78130 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. F A HASSAN,MS A DAS,MS. U NANDA Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./3734/2024 RASHED ALI @ RACHU MIYA AND ANR S/O LATE ALOM MIYA R/O VILL- GOREMARI HABI P.S. BARPETA DIST. DHUBRI ASSAM PIN-781309 2: JAYEDA BEGUM W/O RASHED ALI ALIAS RACHU MIYA R/O VILL- GOREMARI HABI P.S. BARPETA DIST. DHUBRI ASSAM PIN-781309 VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM Page No.# 3/5 ------------ Advocate for : MR. S C BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.01.2025 1. Heard Mr. S. C. Biswas, learned counsel for the petitioners. Also heard Mr. R. R. Kaushik, learned Additional Public prosecutor for the State of Assam. 2. These two applications are filed under Section 482 and 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in respect of Barpeta Police Station Case No.379/2024. 3. On 26.09.2024 at about 6.30 A.M., a middle aged woman was allegedly assaulted by the present petitioners with Bamboo sticks and iron rods, etc. She sustained injuries and she was taken to the hospital and after 4 days she succumbed to her injuries. 4. In this case, the Case Diary has been received but the Postmortem report has not been received and therefore Mr. Kaushik, learned Additional Public Prosecutor prays for some time to produce the Postmortem report. 5. The learned counsel for the petitioners has submitted that no such incident has alleged in the FIR actually took place. 6. According to Mr. Biswas, learned counsel for the petitioners there was a simple Page No.# 4/5 assault between two parties on the issue of a small water way. 7. According to Mr. Biswas, the woman was suffering from other ailment and she died on 03.10.2024 because of some other matters not for any injury that she might have sustained on 26.09.2024. 8. Mr. Biswas, learned counsel for the petitioners submits that the petitioners Rashed Ali @ Rachu Miya and Jayeda Begum have already completed 89 days in judicial custody 9. I have considered the submissions made by learned counsel for both the sides. 10. Considering the period of detention already undergone by the petitioners Rashed Ali @ Rachu Miya and Jayeda Begum, this Court is of the opinion that the petitioners are no longer deserve to detained in custody. 11. The bail application is allowed. 12. The petitioners Rashed Ali @ Rachu Miya and Jayeda Begum who were arrested in connection with Barpeta Police Station Case No.379/2024 shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta. 13. So far as the prayers made by the petitioners (i). Hasmat Ali, (ii). Rehena Begum, (iii). Tara Bhanu, (iv). Abdul Karim and (v). Taher Ali is concerned, this Court is of the opinion that under given circumstances of the case, the petitioners does not deserve to be detained in custody. 14. Their pre-arrest bail application is allowed. 15. It is hereby directed that in the event of arrest in connection with Barpeta Police Station Case No.379/2024, the petitioners (i). Hasmat Ali, (ii). Rehena Begum, (iii). Tara Bhanu, (iv). Abdul Karim and (v). Taher Ali shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the arresting authority. Page No.# 5/5 16. All the five petitioners shall appear before the Police Investigating Officer within next 10 days from today. 17. The petitioners shall co-operate with Police Investigation as and when required. 18. With the aforesaid directions, both the bail applications stands disposed of. 19. Case Diary shall be returned. JUDGE Comparing Assistant