Page No.# 1/3 GAHC010262312025 2025:GAU-AS:16597 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2837/2025 BASER ALI S/O- LATE MOKRAM ALI, VILLAGE- KULAMUA CHOTO NICHINPUR, P.O.- MEDORTARI, P.S. FAKIRGANJ, DIST.- DHUBRI, ASSAM, PIN 783330 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A F N U MOLLAH, K ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 03.12.2025 Heard Mr. A. F. N. U. Mollah, learned counsel appearing for the accused applicant and Mr. K. K. Parasar, learned Addl. PP for the State of Assam. 2. This is an application under Section 482 of BNSS, 2023 praying for granting interim pre-arrest bail to the accused applicant in connection Fakirganj P.S. Case No. 93 /2025 registered under Section 331(4) /117(2)/ 74/75(2) /76 /310 (2) / 351(2) /3(5) of BNS, 2023 read with Section 67 of Page No.# 2/3 I.T. Act, 2000 corresponding to G. R. No. 1337/2025. 3. The gist of the allegations as narrated in the FIR dated 10.09.2025 is that on 05.09.2025 at about 3.30 AM, the accused applicant has entered into the house of the informant while she was sleeping with her minor son and for no reason, the accused applicant along with some other co- accused assaulted the informant and her minor son. Thereafter, the accused applicant along with others brought one co-villager Najrul Islam and tied both of them with plastic rope and assaulted them brutally, whereby the aforesaid Najrul Islam got serious injury. 4. On receipt of the FIR, Fakirganj P.S. Case No. 93 /2025 was registered against the accused applicant. The learned counsel appearing for the accused applicant submits that, in fact, Najrul Islam and the informant who was a married women was found in compromising position and thereafter, both of them were tied by the villagers outside her house. So, he submits that the entire facts as narrated in the FIR is false and fabricated as no such incident as alleged in the FIR had occurred. Further, he submits that FIR was also filed after 5 (five) days of the incident, which clearly shows that FIR was filed on the basis of an afterthought. In view of the aforesaid, he submits that the accused applicant should be enlarged on bail. He further submits that this Court vide order dated 19.11.2025 has already granted bail to the co-accused standing on the same footing. 5. The learned Addl. PP for the State submits that there are materials indicating their involvement in the instant case and therefore, he opposes the prayer for grant of bail to the accused applicant. 6. This Court after going through the materials brought before this Court Page No.# 3/3 and after hearing the submissions made by the learned counsel for the respective parties, it is of the considered opinion that the accused applicant should be allowed to go on bail. Accordingly, it is directed that in the event of arrest of the accused applicant, namely, Baser Ali by the arresting authority, he shall be allowed to go on bail on furnishing a ball bond of Rs.20,000/- with a surety of like nature to the satisfaction of the Investigating Authority of Fakirganj P.S. Case No. 93/2025, subject to the following conditions: (i) That the accused applicant shall appear before the concerned Investigating Officer within a period of 10(ten) days of passing of this order; (ii) That the accused applicant shall not hamper or temper with the evidence of the instant case in any manner; and (iii) That the accused applicant shall fully cooperate with the investigation of the case by appearing before the I.O of the case, as and when call for by the I.Ο. In view of the aforesaid directions, the instant Anticipatory Bail application stands disposed of as allowed. JUDGE Comparing Assistant