Page No.# 1/2 GAHC010272982024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3396/2024 TOSER ALI S/O LATE A BU BAKKAR SIDDIQUE R/O BATIAMARI P.S. BOKO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, B BARMAN (INFORMANT),MR. H ALI(INFORMANT) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.03.2025 Heard Mr.F. Haque, the learned counsel appearing for the petitioner. Also heard Mr. RR Kaushik, the learned Additional Public Prosecutor for the State of Assam and Mr. H. Ali, the learned counsel appearing for the informant. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre- arrest bail in respect of Boko P.S. Case No. 547/2024. 3. Abdul Karim, Hanif Ali and the present petitioner Toser Ali are three brothers. Both the present petitioner Toser Ali and Abdul Karim are teachers. On the other hand, the elder brother, Hanif Ali is a cultivator. On 11.12.2024, at about 7 PM, Basiran Nessa, the wife of Hanif Ali and her sons Mubarak Ali and Abdul Karim had gone to the house of Toser Ali to Page No.# 2/2 have a meeting on the issue of land. Abdul Karim was also present there. It is alleged by Basiran Nessa that in the same meeting, both Toser Ali and Abdul Karim had attacked her two sons with sharp weapons. It is also alleged that the present petitioner Toser Ali had kicked on the head of Mubarak Ali. 4. Mr. Kaushik submits that Mubarik Ali sustained grievous injuries on his head, whereas Humayan sustained simple injuries. According to Mr. Kaushik, Mubarak Ali was first attacked by Abdul Karim with a dao. After that, when he fell down, the petitioner Toser Ali hit him on his head. 5. Mr. H. Ali has submitted that this is an unfortunate incident, where two uncles attempted to murder their two nephews, who are younger in age also. Mr. Ali has objected that Toser Ali and Abdul Karim are teachers and therefore, they do not deserve to be given the privilege of anticipatory of bail. 6. I have considered the submissions made by the learned counsel of both sides. 7. The case diary shows that Abdul Karim had caused the injury upon Mubarak Ali and Humayan, though Humayan sustained simple injuries. The present petitioner had only kicked on the head of Mubarak Ali. 8. Mr. Kaushik further submits that pursuant to the interim order granted in favour of the petitioner Toser Ali by this Court, he has already co-operated with the Investigating Officer. 9. In this case, all the parties involved are close relatives. Moreover, the petitioner Toser Ali has already co-operated with the Investigating Officer. 10. For the aforesaid reasons, the petitioner Toser Ali does not deserve to be detained in custody. Therefore, his pre-arrest bail application is allowed. 11. The interim bail granted by this Court on 20.12.2024 in favour of the petitioner Toser Ali is hereby made absolute. The petitioner shall co-operate with the Investigating Officer as and when called for. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant