Page No.# 1/6 GAHC010266752024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3308/2024 BAHARUL ISLAM AND 10 ORS S/O LT. ECHAK ALI R/O VILL- FATA SIMALU GAON P.S. ORANG, DIST. UDALGURI, ASSAM PIN-784117 2: RAFIQUL ISLAM S/O LT. EACHAK ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 3: GULZAR HUSSAIN S/O HAZRAT ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 4: NABI HUSSAIN S/O HAZARAT ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 Page No.# 2/6 5: HAZARAT ALI S/O LT. JUNAF ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 6: JAGIR ALI S/O HAZARAT ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 7: DILDAR HUSSAIN S/O HAZRAT ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 8: SAIDUL ISLAM S/O LT. ECHAK ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 9: HABIJUL ISLAM S/O LT. ECHAK ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 10: OHIJUL ISLAM S/O LT. ECHAK ALI R/O VILL- FATA SIMALU GAON Page No.# 3/6 P.S. ORANG DIST. UDALGURI ASSAM PIN-784117 11: IKRAMUL ISLAM S/O LT. ECHAK ALI R/O VILL- FATA SIMALU GAON P.S. ORANG DIST. UDALGURI ASSAM PIN-78411 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P K ROYCHOUDHURY, J RAHMAN,MR. K ALOM,MR. T ISLAM,MD. A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 08.01.2025 1. Heard Mr. P. K. Roychouhdury, learned counsel for the petitioner Nos. 1. Baharul Islam, 2. Rafiqul Islam, 3. Gulzar Hussain, 4. Nabi Hussain, 5. Hazarat Ali, 6. Jagir Ali, 7. Dildar Hussain, 8. Saidul Islam, 9. Habijul Islam, 10. Ohijul Islam, and 11. Ikramul Islam, 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 Page No.# 4/6 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 disc and annexed along with the FIR. 4. I have considered the submissions at the Bar. 5. I have scrutinized the Case Diary. The injuries sustained by the injured persons appears to be simple injury caused by blunt weapon. 6. I have considered the submission that the petitioners are willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon them. The petitioners are local residents and they are not flight risks. 7. Considering all aspects, I deem it appropriate to grant pre-arrest bail to the petitioners namely, 1. Baharul Islam, 2. Rafiqul Islam, 3. Gulzar Hussain, 4. Nabi Page No.# 5/6 Hussain, 5. Hazarat Ali, 6. Jagir Ali, 7. Dildar Hussain, 8. Saidul Islam, 9. Habijul Islam, 10. Ohijul Islam, and 11. Ikramul Islam. 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 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 tamper with the evidence, and (v) The petitioners shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the bail conditions, pre-arrest bail shall stand automatically cancelled. 9. In terms of the above observation, bail application stands disposed of. 10. Send back the Case Diary JUDGE Page No.# 6/6 Comparing Assistant