Page No.# 1/4 GAHC010261782024 2025:GAU-AS:529 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3291/2024 ABDUL KALAM @ KALAM ALI S/O LATE OSMAN ALI R/O VILL- BAR BILA PART-I P.O. AND P.S. DHUBRI DIST. DHUBRI ASSAM PIN-783339. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. S S S RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 20.01.2025 Heard Mr. S. S. S. Rahman, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Dhubri P.S. Case No. 395/2024, under Sections 189(3)/329(3)/324(2)/118(2)/74 of BNS and added Section 103 BNS. 3. Case Diary has been received. Perused the same. Heard both sides. 4. It is submitted by Mr. Rahman, learned counsel for the petitioner, that there was a land dispute between the family members of the parties and the dispute arose when the land was sold to one Ahed Ali, F.I.R. named accused No. 9, by the F.I.R. named accused No. 4- Samsul Hoque, the brother of the deceased. Though it is alleged that on the day of incident, there was an altercation took place between the 2 (two) groups for the land dispute between the parties, but the present petitioner is not at all involved in the alleged offence and the deceased also died in hospital after 1 (one) month of the said incident. However, the petitioner is ready and willing to co-operate the I.O. in further investigation of this case and will extend his co-operation if he is granted with Page No.# 3/4 the privilege of pre-arrest bail. 5. Mr. Sharma, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against the present petitioner and the wife of the deceased named the petitioner showing his involvement in the alleged offence. More so, the I.O. has also objected the bail by submitting separate bail objection. He further submitted that there may be probability of tampering or hampering with the investigation of the case if the present petitioner is granted with the bail. 6. Mr. Rahman, learned counsel for the petitioner, submitted in this regard that though it is a fact that the present accused/petitioner had a land adjacent to the disputed land, but his name is mentioned in the F.I.R. without his involvement. 7. After hearing the submissions made by the learned counsels for both sides, I have also perused the Case Diary and the statements of the witnesses recorded during investigation. It is seen that all the witnesses have named the accused Nos. 1, 3, 4 & 13, who specifically took part in assaulting and hitting the deceased and for which, he sustained serious injury on his head and subsequently died in hospital during treatment. However, from the materials available in the Case Diary, I find that custodial interrogation of the present petitioner in connection with this case is not necessary and therefore, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner. Page No.# 4/4 8. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Abdul Kalam @ Kalam Ali, in connection with Dhubri P.S. Case No. 395/2024, under Sections 189(3)/329(3) /324(2)/118(2)/74 of BNS and added Section 103 BNS, he shall be enlarged on pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 9. The anticipatory bail application stands disposed of in terms above. 10. The Case Diary be sent back. JUDGE Comparing Assistant