Page No.# 1/4 GAHC010006202025 2025:GAU-AS:922 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3910/2024 MD JAHIR ALI AND 4 ORS. S/O LATE FOJOR ALI R/O NASATRA P.S. ABHAYAPURI PIN-783384 DIST. BONGAIGAON ASSAM 2: MD. MOHIR ALI S/O LATE FAJOR ALI R/O NASATRA P.S. ABHAYAPURI PIN-783384 DIST. BONGAIGAON ASSAM 3: JASHMOT ALI S/O LATE MOJOR ALI R/O NASATRA P.S. ABHAYAPURI PIN-783384 DIST. BONGAIGAON ASSAM 4: SAMINA KHATUN @ SAMIYA KHATUN W/O JOHIR ALI R/O NASATRA P.S. ABHAYAPURI PIN-783384 DIST. BONGAIGAON ASSAM 5: AMIRAN NESSA W/O LATE FOJOR ALI Page No.# 2/4 R/O NASATRA P.S. ABHAYAPURI PIN-783384 DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR D J HALOI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 28.01.2025 Heard Mr. S. A. Hussain, learned counsel for the petitioners. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioners, who have been arrested in connection with Abhayapuri P.S. Case No. 262/2024, under Sections 61(1)/118(2)/103(2) of BNS. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Hussain, learned counsel for the petitioners, that Page No.# 3/4 there was a quarrel took place between the 2 (two) groups only for a land dispute. Further, a civil suit is also pending before the competent Court for the land dispute and the case was also fixed for injunction hearing. But, one day before the injunction hearing, there was a quarrel between the parties and the victim, while he was coming to the disputed land, suddenly got slipped and sustained injuries and subsequently died. After his death, lots of people gathered there and there was a quarrel between 2 (two) groups. He further submitted that the petitioner No. 1 is behind the bar for last 74 days, petitioner No. 2 for 52 days and the petitioner Nos. 3, 4 & 5 for 53 days and thus, the I.O. got sufficient time for their custodial interrogation. More so, from the F.I.R. itself, it is seen that there is no allegation brought against the petitioner Nos. 2 & 3 in the alleged incident. Further he submitted that the petitioner Nos. 4 & 5 are the ladies and they are not at all involved in the alleged offence. More so, all the petitioners are behind the bar for a considerable period and hence, considering their length of detention, they may be released on bail. However, all the petitioners are ready and willing to co-operate the I.O. in further investigation of this case if they are granted with the privilege of bail. Ms. Bora, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against all the accused/petitioners who took active part in the commission of murder of the victim- Barek Ali. She further submitted that in a pre-planned manner, the accused Nos. 4 & 5 brought some chili powder in a plastic packet and sprinkle the same in the eyes of the victim and thereafter all the accused persons attacked him with lethal weapons like axe, dao, lathi, spade etc. for which he sustained grievous injuries and died on the spot. She further submitted that the Page No.# 4/4 axe and other weapons with blood stain have already been seized by police during investigation. She also submitted that from the statement made by the accused as well as the independent witnesses, it is seen that all the petitioners are involved in the alleged murder of one Barek Ali and accordingly, she raised objection and submitted that it is not at all a fit case to grant the privilege of bail to the accused/petitioners. Considering the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary, viz-a-viz the nature and gravity of offence, I do not find it a fit case to enlarge the accused/petitioners to go on bail at this stage and accordingly, the same stands rejected. The bail application stands disposed of in terms above. JUDGE Comparing Assistant