Page No.# 1/5 GAHC010278072024 2025:GAU-AS:718 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3429/2024 RAHIM BADSHA AND 4 ORS S/O LATE ABDUL HUSSAIN, R/O VILL- KUSHBARI PART-I, P.O.-KUSHBARI, P.S.-MERERCHAR, DIST- BONGAIGAON, ASSAM, PIN-783384 2: ROKIBUL ISLAM S/O RAHIM BADSHA R/O VILL- KUSHBARI PART-I P.O.-KUSHBARI P.S.-MERERCHAR DIST- BONGAIGAON ASSAM PIN-783384 3: ASHRAFUL ISLAM S/O RAHIM BADSHA R/O VILL- KUSHBARI PART-I P.O.-KUSHBARI P.S.-MERERCHAR DIST- BONGAIGAON ASSAM PIN-783384 4: ROFIKUL ISLAM S/O RAHIM BADSHA R/O VILL- KUSHBARI PART-I P.O.-KUSHBARI P.S.-MERERCHAR DIST- BONGAIGAON ASSAM PIN-783384 5: AKLIMA KHATUN W/O RAHIM BADSHA R/O VILL- KUSHBARI PART-I Page No.# 2/5 P.O.-KUSHBARI P.S.-MERERCHAR DIST- BONGAIGAON ASSAM PIN-78338 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. I A HAZARIKA, B DAS,MRS S RAHANA,MR. A M AHMED Advocate for the Respondent : PP, ASSAM, MR S ISLAM(INFORMANT),MR. P RAHMAN (INFORMANT) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 23.01.2025 Heard Mr. A. M. Ahmed, learned counsel for the petitioners. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent and Mr. S. I. Islam, learned counsel for the informant. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail the accused/petitioners, who are apprehending arrest in connection with Mererchar P.S. Case No. 62/2024, under Sections 189(2)/117(2)/118(2) of the BNS, 2023. Page No.# 3/5 3. Case Diary has been received. Perused the same. Heard both sides. 4. It is submitted by Mr. Ahmed, learned counsel for the petitioner that the incident arose due to a land dispute among the family members. On the day of incident, there was a quarrel between the parties resulting in minor injuries. The petitioner No. 1 lodged an F.I.R. on the day of incident itself, i.e. on 07.12.2024, and on the basis of which, one enquiry was made by one S.I. as per the instruction of the Officer-In-Charge of the concerned Police Station and thereafter the case was registered. Subsequently, the informant of the present case also lodged an F.I.R., which is also registered accordingly. He further submitted that the quarrel was purely a result of land dispute and that apart, no other incident took place as alleged in the F.I.R. However, the petitioners are ready and willing to co-operate with the I.O. in the further investigation of the case if they are granted with the privilege of pre-arrest bail. Further he submitted that the accused/petitioner No. 5 was already been granted with the privilege of interim pre-arrest bail by this Court vide order dated 03.01.2025 and during the pendency of the present anticipatory bail application, the accused/petitioner No. 4 was arrested by the police. 5. Ms. Bora, learned Additional Public Prosecutor, submitted in this regard that from the materials available in the Case Diary, it revealed that there was a quarrel between the 2 (two) groups for the land dispute and out of 3 (three) victims, 2 (two) victims sustained simple injury and one of the victim sustained grievous injury of hand fracture, as revealed from the Medical Report. Page No.# 4/5 6. Mr. Islam, learned counsel for the informant, submitted in this regard that the 3 (three) persons already sustained injuries out of the incident and accordingly, he raised objection and submitted that it is not at all a fit case to extend the privilege of pre-arrest bail to the present petitioners. 7. Considering the submissions made by the learned counsels for both sides and also considering the facts and circumstances of this case and further considering the materials available in the Case Diary as well as the Injury Report collected by the I.O., I find that custodial interrogation of the present accused/ petitioners may not be necessary for the purpose of investigation and therefore, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioners. 8. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Rahim Badsha, (ii) Rokibul Islam & (iii) Ashraful Islam, in connection with Mererchar P.S. Case No. 62/2024, under Sections 189(2)/117(2)/118(2) of the BNS, 2023, they shall be enlarged on pre-arrest bail on their executing a bond of Rs. 30,000/- (Rupees thirty 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 fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and Page No.# 5/5 (ii) that the petitioners 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 him from disclosing such facts to the Court or to any police officer. 9. Further, the interim pre-arrest bail granted to the accused/petitioner No. 5- Aklima Khatun, vide order dated 03.01.2025, is hereby made absolute in the same terms and conditions. 10. The anticipatory bail application stands disposed of in terms above. 11. The Case Diary be sent back. JUDGE Comparing Assistant