Page No.# 1/4 GAHC010256602025 2025:GAU-AS:15788 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2743/2025 SADHAM ALI AND ANR S/O SAHJAHAN ALI, BHABANIPUR B. BLOCK, DIGHALDONGA, P.S. PATACHARKUCHI, BAKSA, ASSAM - 781343 2: ASIK ALI S/O KADER ALI VILL- MANIKPUR P.O. DIGHALDONGA P.S. PATACHARKUCHI BAKSA ASSAM-78134 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MS S ABDULLAH,MR. S HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 20-11-2025 Heard Mr. F. Hussian, learned counsel for the accused applicants. Page No.# 2/4 Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This is an application filed under section 482 of BNSS, 2023 praying for granting pre-arrest bail to the accused applicants in connection with Mushalpur P.S. Case No. 85/2025, under Section 61(2) / 191(3) /326(g) / 117(2) /118(2) /109(1) /121(1) /121(2) /190 of BNS, 2023, read with Section 3/4 PDPP Act, read with Section 25(1-A) of Arms Act. 3. The gist of the allegation in the FIR lodged on 16.10.2025 is that the accused applicants were part of the mob which was gathered before the entrance gate of the Nikashi jail, Mushalpur on 15.10.2025, when police vehicles were carrying certain UTPs to the Nikashi jail. It was alleged that the mob tried to prevent the vehicles entering the jail and they tried to block the convoy. It was alleged that the mob started pelting stones on the convoy of vehicles thereby causing damage to the public property. It was also alleged that the mob assaulted the police persons and pelted stones on them thereby, preventing and assaulting the public servants, police personnel on duty from discharging their lawful duties. It was alleged that due to such mob attack, several police persons received injuries as well many police vehicles were damaged or burned. It was also alleged that the mob tried to snatch the weapons of the police officials thereby, risking the lives of the police officials. 4. On receipt of the FIR, aforesaid Mushalpur P.S. Case No. 85/2025, was registered under the aforementioned sections. Page No.# 3/4 5. During the investigation, the police arrested many persons in connection with the alleged offence and most of them have already been granted bail by the Sessions Judge, Baksa on various dates. The learned counsel appearing for the accused applicants submits that it is a fact that the accused applicants were also part of the crowd that was gathered on that day however, the accused applicants were no way linked to such alleged offences as narrated in the FIR. He submits that since, similarly placed persons have already been allowed to go on bail, this Court should also consider allowing them to go on pre-arrest bail, at this stage. 6. The learned Additional Public Prosecutor, however, opposes the bail stating that offences alleged are serious in nature and mob has, in fact, damaged public property as well as obstructed the police persons from doing their lawful duties. 7. This Court has gone through the materials brought before this Court and also heard the submissions made by the learned counsel for the respective parties. 8. In consideration of the alleged offences as well as taking into account of the fact that most of the similarly placed persons have already been granted bail by the court of the learned Sessions Judge, Baksa as well as certain cases by the co-ordinate Bench of this Court, this Court is of the opinion that the accused applicants should be allowed on go on a pre- arrest bail. Accordingly, it is directed that in the event of arrest of the accused applicants by the arresting authority, the accused applicants shall be released on furnishing a bail bond of Rs.20,000/- each with surety of Page No.# 4/4 like nature to the satisfaction of Investigating Officer in connection with Mushalpur P.S. Case No. 85/2025, subject to following conditions: 1) That the accused applicants shall appear before the concerned Investigating Officer within a period of 10(ten) days of passing of this order; 2) 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 called for by the I.O; and 3) That the accused applicants shall not hamper or temper with the investigation of the Mushalpur P.S. Case No. 85/2025. 9. Accordingly, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant