Page No.# 1/4 GAHC010256192025 2025:GAU-AS:16609 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3759/2025 SHAHALOM ALIAS SHAH ALOM S/O LATE MOKRAM ALI, R/O VILL KULAMUA CHOTO NICHINPUR, PO MEDORTARI, PS FAKIRGANJ, DIST DHUBRI, ASSAM, PIN 783330 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A F N U MOLLAH, K ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 03.12.2025 Heard Mr. A.F.N.U. Mollah, learned counsel appearing for the accused/applicant. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State. This is an application filed under Section 483 of BNSS, 2023, praying Page No.# 2/4 for regular bail to the accused/applicant, viz., Shahalom @ Shah Alom 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. 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 F.I.R. named accused persons including the present accused/applicant 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 persons 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 persons including the present accused/applicant. During investigation, the accused/applicant was arrested by the police on 24.10.2025 and since then he is inside the Jail. 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 Page No.# 3/4 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. The learned counsel for the accused/applicant further submits that some of the co-accused have already been granted pre-arrest bail by this Court on 19.11.2025 in connection with A.B. No.2560/2025. In view of the aforesaid, he submits that the accused/applicant, who is inside the Jail since 24.10.2025, should also be enlarged on bail. The learned Additional Public Prosecutor for the State has submitted that there are materials implicating the involvement in the instant case and therefore, submits that bail should not be granted to the accused/applicant at this stage. This Court after going through the materials brought before the Court and after hearing the submissions made by the learned counsel for the respective parties and further considering that some of the co- accused have already been granted pre-arrest bail by this Court vide order dated 19.11.2025, is of the considered opinion that the present accused/applicant should be allowed to go on bail. Accordingly, it is directed that that the accused/applicant should be released on bail on furnishing a bail bond of Rs.20,000/- with a surety of like nature to the satisfaction of the learned Chief Judicial Magistrate, Dhubri subject to the following conditions :- Page No.# 4/4 (1) That the accused/applicant shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (2) That the accused/applicant shall not commit any offence while on bail. The Bail Application stands disposed of. Return the Case Diary. JUDGE Comparing Assistant