Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010246112025
2025:GAU-AS:17425
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2670/2025 MD MOHAR ALI AND 2 ORS. S/O, HAMED ALI RESIDENT OF- VILLAGE RUHINIBIL, P.S. THELAMARA, DISTRICT SONITPUR, ASSAM. PIN CODE 784149 2: MD HABIJUL RAHMAN ALIAS MD HABIJUL S/O. MOJALI RESIDENT OF- VILLAGE RUHINIBIL P.S. THELAMARA DISTRICT SONITPUR ASSAM. PIN CODE 784149 3: MD SURUJ ALI S/O HAMED ALI RESIDENT OF- VILLAGE RUHINIBIL P.S. THELAMARA DISTRICT SONITPUR ASSAM. PIN CODE 78414 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MD. I HUSSAIN, MS. M MEDHI Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 16.12.2025
Heard Md. I. Hussain, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Md Mohar Ali, Md. Habijul Rahman @ Md Habijul and Md Suruj Ali, have prayed for granting pre-arrest bail, apprehending arrest in connection with Thelamara P.S. Case No. 56/2025 under Section 118(1)/109(1)/189(1)(d) of BNS, 2023. 3. The gist of the allegation in the FIR dated 05.07.2025 is about causing of injuries by the accused persons with sticks, iron rod, spade etc. Upon investigation, the case resulting in a charge sheet. The case is at the stage of appearance poised for commencement of trial. 4. The learned Additional Public Prosecutor on basis of the received scanned case record submits that with regard to one of the victims, the injuries are grievous in nature involving dangerous weapon and including head injury and was referred to the neurosurgery of GHCH for further treatment. The injuries of the other victims are stated to be simple. 5. In view of the completion of investigation and case being poised for commencement for trial – not much purpose would be served by detaining the accused at this stage. 6. Accordingly, in the event of arrest of the accused-petitioner, he shall be released on bail in connection with Thelamara P.S. Case No. 56/2025 under Section 118(1)/109(1)/189(1)(d) of BNS, 2023, on furnishing bail
Page No.# 3/3 bond of Rs.25,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority. 7.
The direction for bail is further subject to the condition(s) that the accused-petitioner: (a) shall be available for the trial, if one commences; (b) shall not hamper or tamper with evidence; and (c) shall maintain peace and not commit any illegal activities or offences. 8. In case of violation or breach of any condition(s), the Public Prosecutor/informant would be at liberty to move an application for cancellation of the bail. 9. The anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant