Page No.# 1/4 GAHC010236252025 2025:GAU-AS:15699 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2560/2025 JOHIRUL ISLAM ALIAS JAHIRUL ISLAM AND 5 ORS. S/O ABDUL JOLIL R/O KULAMUACHOTO NICHINPUR, PO AIRKATA BAZAR, DIST DHUBRI, ASSAM 2: JAHIDUL ISLAM ALIAS JOYDUL ISLAM S/O AB DUL JOLIL R/O KULAMUACHOTO NICHINPUR PO AIRKATA BAZAR DIST DHUBRI ASSAM 3: SHANUR ISLAM ALIAS SHAHINUR ISLAM S/O SADEK ALI @ SADEK ALI SHEIKH R/O KULAMUACHOTO NICHINPUR DIST DHUBRI ASSAM 4: NURUL ISLAM ALIAS NURAL HOQUE S/O SADEK ALI SHEIKH R/O KULAMUACHOTO NICHINPUR PO AIRKATA BAZAR DIST DHUBRI ASSAM 5: SOHID ALI ALIAS SAHID ALI S/O MOKBUL HUSSAIN @ MAKBUL R/O KULAMUACHOTO NICHINPUR PO AIRKATA BAZAR DIST DHUBRI ASSAM 6: ABDUL BASID ALI ALIAS BASIT ALI S/O SAHID ALI Page No.# 2/4 R/O KULAMUACHOTO NICHINPUR PO AIRKATA BAZAR DIST DHUBRI ASSA VERSUS THE STATE OF ASSAM THROUGH PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M H LASKAR, MS. A SULTANA,MR. S ROY,M. HOSSAIN Advocate for the Respondent : PP, ASSAM, MR. M R KHANDAKAR (INFORMANT) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19-11-2025 Heard Mr. M. H. Laskar, learned counsel appearing for the accused applicants. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State and Mr. M. R. Khandakar, learned counsel enters appearance for the informant. 2. This is an application filed under Section 482 of BNSS, 2023, praying for pre-arrest bail to the accused applicants in connection with 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 IT Act, 2000. 3. The gist of the allegation as narrated in the FIR dated 10.09.2025 is that on 05.09.2025, at around 3:30 AM, the accused applicants have Page No.# 3/4 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. 4. The learned counsel appearing for the accused applicants 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. 5. 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. 6. This Court after going through the materials brought before this Court and after hearing the submissions made by the learned counsel for the respective parties, it is of the considered opinion that the accused applicants should be allowed to go on bail. Accordingly, it is directed that Page No.# 4/4 in the event of arrest of the accused applicants by the arresting authority, they shall be allowed to go on bail on furnishing a bail bond of Rs.20,000/- each 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: 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 applicants shall not hamper or temper with the evidence of the instant case in any manner; and 3) 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. 7. In view of the above aforesaid directions, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant