Page No.# 1/4 GAHC010213012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2290/2025 TOFIQUL ALI ALIAS KANGKAN AND 5 ORS. S/O FIZNUR ALI R/O KUMARPATA MOIRABARI, P.O. RANGIA P.S. RANGIA DIST.KAMRUP, ASSAM, PIN-781354 MOBILE NO. 8723938929. 2: JITU ALI S/O. FIZNUR ALI R/O KUMARPATA MOIRABARI P.O. RANGIA P.S. RANGIA DIST.KAMRUP ASSAM PIN-781354 MOBILE NO. 8723938929. 3: RAHUL ALI ALIAS BHOUNA S/O. BAHAR ALI R/O KUMARPATA MOIRABARI P.O. RANGIA P.S. RANGIA DIST.KAMRUP ASSAM PIN-781354 MOBILE NO. 8723938929. 4: BAHAR ALI Page No.# 2/4 S/O. LATE NOSIM ALI R/O KUMARPATA MOIRABARI P.O. RANGIA P.S. RANGIA DIST.KAMRUP ASSAM PIN-781354 MOBILE NO. 8723938929. 5: MOINUL ALI S/O. LATE MOZNUR ALI R/O KUMARPATA MOIRABARI P.O. RANGIA P.S. RANGIA DIST.KAMRUP ASSAM PIN-781354 MOBILE NO. 8723938929. 6: NOZRUL ALI ALIAS GAONBURA S/O. LATE MOZNUR ALI R/O KUMARPATA MOIRABARI P.O. RANGIA P.S. RANGIA DIST.KAMRUP ASSAM PIN-781354 MOBILE NO. 8723938929 VERSUS THE STATE OF ASSAM (TO BE REPRESENTED BY THE LEARNED P.P., ASSAM) Advocate for the Petitioner : MR. S MUNIR, MS P KAKATI,MR A K AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 18.11.2025 1. Heard Mr. S Munir, learned Counsel for the petitioner. Also heard Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for pre-arrest bail to the petitioners, namely, (1) Tofiqul Ali @ Kangkan, (2) Jitu Ali, (3) Rahul Ali @ Bhouna, (4) Bahar Ali, (5) Moinul Ali, (6) Nozrul Ali @ Gaonbura in connection with Rangia P.S. Case No 201/2025 registered U/S 126(2)/189(2)/191(2)/121(2)/109 of BNS, 2023. 3. The allegation as reflected in the FIR is that while the police personnel of Doboka Police outpost were on patrolling duty, they saw a person running and jumping into a pond, whereafter, he was rescued by the police patrol party but the accused persons along with other villagers attacked the police party with ‘lathi’, ‘rod’ etc and assaulted the driver Imdadul Ali because of which he sustained grievous cut injuries on his head. Hence, the case. 4. On perusal of the Case Diary, Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam submits that the injuries have been indicated as fresh and simple. However, learned Additional Public Prosecutor opposes the prayer for pre-arrest bail on the ground that the accused persons had assaulted the police personnel on duty and the victim has also implicated them. 5. Having regard to the fact that the medical report reveals only abrasion on the scalp and soft tissue injury on the elbow and right knee, I am of the view that it would not be necessary to take the petitioners into custody for Page No.# 4/4 the purpose of investigation. Accordingly, the prayer for pre-arrest bail is allowed. The above named petitioners, on the event of their arrest in connection with the aforesaid case, shall be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- each with 1(one) surety each of the like amount to the satisfaction of the arresting authority. 6. It is provided that the petitioners shall appear before the I/O within 7(seven) days from the date of this order and shall cooperate with the investigation. 7. Petition stands disposed of. JUDGE Comparing Assistant