Page No.# 1/4 GAHC010269272024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3319/2024 LAL MIYA AND ORS S/O LATE KERAMAT ALI, RESIDENT OF VILLAGE BAROIPARA PS KHARUPETIA, DIST DARRANG ASSAM 2: JULHAS ALI S/O LATE KERAMAT ALI RESIDENT OF VILLAGE BAROIPARA PS KHARUPETIA DIST DARRANG ASSAM 3: RAHIM BADSHA @ BADSHA ALI S/O LATE KERAMAT ALI RESIDENT OF VILLAGE BAROIPARA PS KHARUPETIA DIST DARRANG ASSAM 4: HAIDAR ALI S/O JULHAS ALI RESIDENT OF VILLAGE BAROIPARA PS KHARUPETIA DIST DARRANG ASSAM 5: HEDAYETULLAH S/O JULHAS ALI RESIDENT OF VILLAGE BAROIPARA PS KHARUPETIA DIST DARRANG ASSAM 6: ATABAR ALI S/O JULHAS ALI RESIDENT OF VILLAGE BAROIPARA PS KHARUPETIA DIST DARRANG ASSAM 7: RUSTAM ALI S/O LAL MIYA Page No.# 2/4 RESIDENT OF VILLAGE BAROIPARA PS KHARUPETIA DIST DARRANG ASSAM 8: MONJUL ALI S/OO MOGBUL ALI RESIDENT OF VILLAGE BAROIPARA PS KHARUPETIA DIST DARRANG ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MD A HUSSAIN, J RAHMAN,MR. K ALOM,MR. T ISLAM,MR. P K ROYCHOUDHURY 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. Lal Miya, 2. Julhas Ali, 3. Rahim Badsha, 4. Haidar Ali, 5. Hedayetullah, 6. Atabar Ali, 7. Rustam Ali, and 8. Monjul Ali, 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 Kharupetia Police Station Case No. 123/2024 under Sections190/191(2)/191(3)/329(3)/117(2)/118(2)109/326(g)/324(4) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. P. S. Laskar, learned Additional Public Prosecutor, Assam for the Page No.# 3/4 respondent State. 3. The allegation against the petitioners is that on the basis of a land dispute arising between the victim Abu Hanifa and his family members and the family members of Lal Miya, the petitioners assaulted the victim. They were armed with dangerous weapons and they assaulted the family members and the women of the victim's family causing grievous injuries on the victim Abu Hanifa. 4. Learned counsel for the petitioner has submitted that the petitioner no. 1, Lal Miya is an elderly person aged about 65 years and the petitioner no. 2, Julhas Ali is aged about 55 years. It is further submitted that a false case has been slammed against the petitioners due to the animosity between the petitioner's and the victim's family members. 5. Learned Additional Public Prosecutor has raised serious objection stating that all the petitioners have been implicated by the witnesses. The statement of the witnesses clearly reveals that the petitioners are complicit. 6. I have considered the submissions at the Bar with circumspection. 7. I have scrutinized the medico-legal report of the victim who has sustained grievous injuries caused by sharp weapons. The victim was also attacked with blunt object on his head. The merits of this case are not brought to the fore as investigation is still under progress. 8. After considering the Case Diary, I deem it appropriate to grant pre-arrest bail to the petitioners namely, 1. Lal Miya, 2. Julhas Ali, 4. Haidar Ali, 5. Hedayetullah, 6. Atabar Ali, and 8. Monjul Ali. 9. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under Page No.# 4/4 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 and maintain the peace, (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. 10. On breach of any of the bail conditions, pre-arrest bail shall stand automatically cancelled. 11. Considering the role ascribed to the petitioners, petitioner no. 3, Rahim Badsha and petitioner no. 7, Rustam Ali; prayer of the petitioners for pre-arrest bail stands rejected at this stage. Send back the Case Diary. JUDGE Comparing Assistant