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2025 DAILYLAW 24852 (GAU)

SURUJ ALI AND ANR v. THE STATE OF ASSAM

AB/2080/2025 · 2025-10-27

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010190962025 2025:GAU-AS:14396 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2080/2025 SURUJ ALI AND ANR S/O SABAJ ALI R/O VILL- CHIKNIBARI P.S. TAMULPUR DIST. TAMULPUR, ASSAM PIN-781376 AND RANGIA-BHUTAN ROAD, CHIKNIBARI, DWARKUCHI, KAMRUP, PIN- 781376. 2: ABDUL BAREK @ BAREK ALI S/O JUBED ALI @ JUBI R/O VILL- TINIPUKHURI P.S. GHAGRAPAR DIST. NALBARI ASSAM PIN-781376 AND NARAYANGAON TINIPUKHURI NALBARI 781376 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.10.2025 1. Heard Mr. A Roshid, learned counsel for the petitioner. Also heard Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam. 2. By this application under Section 482 of the BNSS, 2023 the petitioner has prayed for pre-arrest bail in connection with Tamulpur P.S Case No. 232/2025 under Section 109/118(2)/3(5)/61(2) of BNS, 2023. 3. The FIR dated 08.08.2025 is filed against 5 accused persons and that it is revealed that the father of the informant was called to the brick kiln of accused No. 2 at around 8:00 AM by accused No. 1 and when his father reached there, the accused persons, which included the petitioners, attacked on various parts of the body of the father of the informant and that the father of the informant sustained grievous injuries. 4. Mr. A Roshid, learned counsel for the petitioner submits that the main person who attacked the father of the informant is not the petitioners and that they may be released. 5. Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam, on further examination of the Case Diary submits that although no overt act is mentioned, in respect of the petitioner No. 2, but one accused person namely Fakaruddin, along with Page No.# 3/3 petitioner No. 1, is stated to have assaulted the father of the informant with sharp weapons and he has also showed the injuries that were caused to the father of the informant. 6. It is noticed that the main assault was done by one Mr. Fakaruddin along with petitioner No. 1. Further, the petitioners were released on interim bail vide order dated 29.08.2025 with the direction that they may appear before the I/O within 10(ten) days from the date of this order. In compliance of the said directions, it is noticed that the petitioners had appeared before the I/O and got their statements recorded. 7. It seems that the petitioners are co-operating with the investigation of the case and as such, In view of the same, this Court deems it fit that the interim order dated 29.08.2025, by which the petitioners were granted interim pre-arrest bail, may be made absolute with the further direction that the petitioners may comply with the already mentioned directions in the said order. 8. Petition is disposed of. JUDGE Comparing Assistant