Page No.# 1/4 GAHC010275212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3389/2024 MOSTAQUE MD MOKSEDUR HASSAN @ MUSTAQ MD MOKSADUL HASSAN AND 2 ORS S/O MD. SOLEMAN HAQUE R/O BEPARIPARA, P.S. MANKACHAR, P.S.MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM, PRESENT ADDRESS- NA/2, BYE LANE-3, MANIKPUR PATH, ABC ROAD, SUNDARBARI, JALUKBARI, KAMRUP (M), ASSAM 2: RASEL AHMED @ RACHEL AHMED S/O LATE ROUSHAN ALOM R/O SUNARPARA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM 3: TUSHAN ALOM @ TUSHAL ALOM S/O LT. ZAHANGIR ALOM R/O MANKACHAR CHALK BAZAR P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. S MUNIR, MR A RAHMAN,MR. S RANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27-01-2025 Heard Mr. S. Munir, the learned counsel for the petitioners. Also heard Ms. S.H. Borah, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioners in connection with Mankachar P.S. Case No. 212/2024 u/s 109/117(2)/351(2)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary is received. Perused the same. Heard both sides. 4. It is submitted by Mr. Munir that due to some business transaction and the political rivalry between the parties there was a scuffle between the parties wherein both the parties have already lodged their FIR in the same police station for the same set of incident. He further submitted that the petitioners’ side also sustained injury and he also submitted one Injury Report along with the petition and the FIR lodged by the petitioners’ side. He further submitted that it is a fact that there was a quarrel and scuffle between the parties wherein both the parties sustained minor injury but no assumption was made by the petitioners to attract Section 109 of the BNS. However, are petitioners are ready Page No.# 3/4 and willing to co-cooperate with the Investigating Officer for further investigation of this case, if they are granted the privilege of pre-arrest bail. 5. Ms. S.H. Borah, the learned Additional Public Prosecutor submitted in this regard that from the materials available in the Case Diary it is seen that there is a quarrel between the two groups and the two victim sustained injury and there is implication that the petitioner nos. 1 & 3 inflicted injury on the victims. However, from the Medical Report it is seen that the injury sustained by the victims are stated to be simple in nature. 6. Considering the entire submissions made by learned counsel for both sides and facts and circumstances of the case, this Court is of the opinion that it is a fit case wherein the privilege of anticipatory bail can be extended to the present petitioners and accordingly the prayer is allowed. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, [1] Mostaque Md. Moksedur Hassan @ Mustaq Md. Moksadul Hassan [2] Rasel Ahmed @ Rachel Ahmed and [3] Tushan Alom @ Tushal Alom in connection with Mankachar P.S. Case No. 212/2024 under Sections 109/117(2)/351(2)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, they shall be enlarged on interim pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer within 10(ten) days. (ii) that the petitioners shall not, directly or indirectly, make any Page No.# 4/4 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the concerned jurisdictional Magistrate, without prior permission. The anticipatory bail application stands disposed of. JUDGE Comparing Assistant