Page No.# 1/3 GAHC010261582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2795/2025 RAIZUDDIN ALI MONDAL ALIAS RAJU MONDAL S/O ABU BAKKAR ALI MONDAL VILL- CHOTO NICHINPUR, P.O. MEDERTARI, P.S. FAKIRGANJ, DIST. DHUBRI, ASSAM, PIN-783330. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R ISLAM, B HAZARIKA,T TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 28-11-2025 Heard Mr. R. Islam, learned counsel for the applicant and also heard Mr. K.K. Parasar, learned Addl. P.P for the State. This application has been filed under section 482 of the BNSS, 2023 praying for granting pre-arrest bail to the accused/petitioner namely, Raizuddin Ali Mondal @ Raju Page No.# 2/3 Mondal, in connection with Fakirganj Police Station Case No. 93/2025 corresponding to G.R Case No. 1337/2025 u/s 331(4)/117(2)/74/75(2)/76/310(2)/351(2)/3(5) of BNS, 2023 r/w section 67 IT Act, 2000. The gist of the allegation as narrated in the FIR dated 10.09.2025 is that on 05.09.2025, at around 3:30 A.M, the accused applicants have entered into the house of the informant while she was sleeping with her minor son and, for no reasons, they have assaulted the informant and her minor son. Thereafter, the accused applicants brought one co-villager Najrul Islam and tied both of them with plastic rope and assaulted them brutally, whereby, the informant and aforesaid Najrul Islam got injures. On the receipt of the FIR, the Fakirganj P.S. Case No. 93/2025 was registered against the accused applicants. The learned counsel appearing for the accused applicant submits that, in fact, aforesaid Najrul Islam and informant, who was a married women was found in a 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 has 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 applicants should be enlarged on bail. The learned Additional Public Prosecutor for the State has submitted the case diary before this Court, and he has submitted that there are materials implicating their involvements in the instant case and therefore, submits that bail should not be granted to the accused applicants. This Court after going through the materials brought before this Court and after hearing the submissions made by the learned counsel for the respective Page No.# 3/3 parties, it is of the considered opinion that the accused applicant can be allowed the privilege of pre-arrest bail. Accordingly, it is directed that in the event of arrest of the accused applicant named above, by the arresting authority, he shall be allowed to go on bail on furnishing a bail bond of Rs.20,000/- with two 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.O. iv) That the accused/applicant will not try to establish communication with informant and/or witnesses in any manner whatsoever. In view of the above aforesaid directions, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant