Page No.# 1/5 GAHC010266752024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : AB/3251/2024 RABIYA KHATUN AND 6 ORS W/O AKBAR ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM-784117 2: HELESIAN KHURSHID JAHAN @HELASIA KHOSI JAHAN W/O IKRAMUL ISLAM R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 3: CHAFIQUL ISLAM @ SOFIQUL ISLAM S/O KAJIMUDDIN R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 4: REJJAK ALI @ ABDUL REJAK S/O ROSHUN ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI Page No.# 2/5 ASSAM PIN-784117 5: JAHIRUL ISLAM S/O REJJAK ALI @ ABDUL REJAK R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 6: NUR NEHAR BEGUM @ ISS. NUR NESSA W/O JAHIRUL ISLAM R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 7: KAJIMUDDIN S/OLT. AHAMMAD R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MD. A HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE Page No.# 3/5 HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 08.01.2025 1. Heard Mr. P. K. Roychouhdury, learned counsel for the petitioner Nos. 1. Rabiya Khatun, 2. Helesian Khurshid Jahan, 3. Chafiqul Islam, 4. Rejjak Ali, 5. Jahirul Islam, 6. Nur Nehan Begum, and 7. Kajimuddin, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Dhekiajuli Police Station Case No. 135/2024 under Sections 190/190(2)/190(3)/118(2)/109/132/304/76 of Bharatiya Nyaya Sanhita, 2023 2. Heard Mr. P. S. Laskar, learned Additional Public Prosecutor, Assam for the respondent State. 3. The FIR unfolds that SI(UB) Priyanshu Buraguhain went to execute a warrant of arrest vide No. NDPACT/84/2024 arising out of GD-12 and arrest Rafiqul Islam. The informant along with his team visited Rafiqul Islam’s house at about 1.30 AM. At that time, the petitioners along with the co-accused armed with dao, lathi resisted the police party and the informant along with four office assistants sustained injuries in the process. The accused named in the FIR as well as the petitioners facilitated the escape of Rafiqul Islam and also tried to strangulate UBC Sri Giri Das and ripped off his uniform and assaulted Md. Nurul Islam of 12 APBN and snatched his 5.56 INSAS Rifle and fired one bullet. A video recording of this incident was done by UBC 666 Md. Luthfur Rahman in his mobile phone and has been loaded in a compact disk and annexed along with the FIR. 4. I have considered the submissions at the Bar with circumspection. The Page No.# 4/5 petitioner No. 2(Helesian Khurshid Jahan) was granted pre-arrest bail vide order dated 11.12.2024. 5. I have scrutinized the Case Diary. Case Diary does not reflects that the petitioner has appeared before the Investigating officer. 6. It is submitted by the learned counsel for the petitioner that the petitioner No. 2(Helesian Khurshid Jahan) has appeared before the Investigating Officer and has cooperated with the investigation. 7. I have considered the submission at the Bar that the petitioner No. 2(Helesian Khurshid Jahan) is at an advanced stage of pregnancy. Thereby, the interim bail order dated 11.12.2024, is hereby made absolute under the same terms and conditions. 8. Relating to the submissions for the other petitioners, I have considered the submission that the petitioners are willing to cooperate with the remaining part of investigation. The petitioners are local residents and they are not flight risks. I have also considered the submission at the Bar that the injured person has sustained simple injuries caused by blunt force impact. 9. Considering all aspects, I deem it appropriate to grant pre-arrest bail to the petitioners namely, 1. Rabiya Khatun, 2. Helesian Khurshid Jahan, 3. Chafiqul Islam, 4. Rejjak Ali, 5. Jahirul Islam, 6. Nur Nehan Begum, and 7. Kajimuddin. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioners shall appear before the Investigating officer within 1(one) week and cooperate with Page No.# 5/5 the investigation, (ii) The petitioners shall refrain from such activities with which they are alleged, (iii) The petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, (iv) The petitioners shall not exercise threats to the witnesses or temper with the evidence, and (v) The petitioners shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the bail conditions, pre-arrest bail shall stand automatically cancelled. 11. In terms of the above observation, bail application stands disposed of. 12. Send back the Case Diary JUDGE Comparing Assistant