Page No.# 1/3 GAHC010213652025 2025:GAU-AS:14625 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3103/2025 ATOWAR ISLAM AND ANR SON OF SAHIDUR RAHMAN R/O VILL- KOLBARI P.S. SORBHOG DIST. BARPETA, ASSAM PIN-781301 2: BATAN ALI @ TARU SON OF AMJAD ALI R/O VILL- KOLBARI P.S. SORBHOG DIST. BARPETA ASSAM PIN-78130 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. A K DAS,MR. F A HASSAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.10.2025 1. Heard Mr. S.C Biswas, learned Sr. counsel assisted by Mr. F.A Hassan, learned counsel for the petitioner. Also heard Mr. P.S Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. By this application under Section 483 of the BNSS, 2023 the petitioners Atowar Islam and Batan Ali @ Taru have prayed for bail in connection with Manikpur P.S Case No. 91/2025 under Section 61(2)/103 of BNS, 2023. 3. The FIR dated 30.07.2025 reveals that while the brother of the informant was returning from a particular place by riding a motorcycle, the accused persons named in the FIR, due to some previous grudge, stabbed the victim causing his death. 4. Mr. S.C Biswas, learned Sr. counsel submits that the petitioners namely Atowar Islam and Batan Ali @ Taru were not named in the FIR as accused persons and that he has placed the forwarding report wherein during investigation, police stated that they arrested the petitioners and in the ground of arrest it was stated that the petitioners are also the members of a gang and they also belong to a party to a criminal conspiracy and that the petitioners were found in contact with other persons named in the FIR. However, he has stated that the petitioners are not involved in the said offence and no overt act has been mentioned on their part. 5. Mr. P.S Lahkar, learned Additional Public Prosecutor for the State of Assam submits that the co-accused in the offence had named the petitioners as a part of the gang and that they were together when the Page No.# 3/3 conspiracy to assault the brother of the victim was made. 6. On consideration of the above statements made at the bar, more so due to the fact that the petitioners were not named in the FIR as accused persons and in the forwarding report also, the actual complicity or any overt act on the part of the petitioners have also not been mentioned and it is only in the statement of the co-accused that the name of the petitioners have surfaced, this Court finds it fit to enlarge the petitioners on bail on furnishing bail bond of Rs. 20,000/- each with 1(one) local surety each of the like amount to the satisfaction of the Ld. C.J.M, Bongaigaon under the following conditions : (i) The petitioners shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The petitioners shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioners shall not leave their place of residence without the permission of the Ld. C.J.M, Bongaigaon. 7. Petition is disposed of. JUDGE Comparing Assistant