Page No.# 1/3 GAHC010276682024 2025:GAU-AS:58 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3426/2024 AZIZUR RAHMAN S/O MOTIAR RAHMAN, R/O VILL- DAUKMARI, HOUSE NO. 118, NEAR 1236 NO. DAUKMARI L.P. SCHOOL, P.S.-BARPETA, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 03/01/2025 Heard Mr. S Munir, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent. Also heard Mr. R Islam, learned counsel for the informant. 2. The petitioner, namely, Azizur Rahman, son of Motiar Rahman, resident of Village-Daukmari, House No. 118, near 1236 No. Daukmari L.P. School, P.S. Barpeta, District-Barpeta, has filed this Page No.# 2/3 application under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending his arrest in Hatigaon P.S. Case No. 263/2024 registered under Sections 127(1)/117(2)/308(2)/140(3)/3(5) BNS, 2023 corresponding to G.R. No. 7015/2024. 3. As per the FIR dated 26.11.2024 lodged by the informant, the accused petitioner, who is known to him called him over phone stating that he need some help from him and accordingly the informant went to meet the accused petitioner. When he met the accused petitioner, he was assaulted by two other persons and during such assault, they snatched away his gold ring, gold chain, watch and other valuable assets available with him. Accordingly, said FIR was registered as Hatigaon P.S. Case No. 263/2024 under Sections 127(1)/117(2)/308(2)/140(3)/3(5) BNS, 2023. 4. Perused the case diary placed before the Court by Mr. Parashar, learned Additional Public Prosecutor, Assam. 5. Mr. Islam, learned counsel for the informant has objected the bail prayer of the petitioner. 6. It is seen from the medical report of the victim/informant that he sustained simple injuries. 7. Considering the materials available in the case diary, the Court is of the view that custodial detention of the petitioner, named above, is not warranted to investigate the said Hatigaon P.S. Case No. 263/2024. As such, this pre-arrest bail application of the petitioner is accepted. 8. Accordingly, in the event of arrest of the petitioner, namely, Azizur Rahman, in said Hatigaon P.S. Case No. 263/2024 registered under Sections 127(1)/117(2)/308(2)/140(3)/3(5) BNS, 2023 corresponding to G.R. No. 7015/2024, he shall be released on bail on furnishing a bail bond of Rs.40,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the arresting authority, subject to the conditions that the petitioner - (i) shall appear before the concerned Investigating Officer of said Hatigaon P.S. Case No. 263/2024 on or before 10.01.2025 and thereafter, as and when he is required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of said Hatigaon Police Station, without obtaining prior written permission from the concerned I/O of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any 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 (v) shall not involve himself in any criminal activities. Page No.# 3/3 9. Any violation of the aforesaid terms and conditions by the petitioner, Azizur Rahman,, pre- arrest bail granted to him in said Hatigaon P.S. Case No. 263/2024 shall stand automatically vacated. 10. Accordingly, this pre-arrest bail application stands allowed to the extent above. 11. Return the case diary. JUDGE Comparing Assistant