Page No.# 1/5 GAHC010001662025 2025:GAU-AS:1280 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/89/2025 SANOWAR HUSSAIN AND 6 ORS. S/O LATE IYAR HUSSAIN R/O VILL- CHAYSIMANA, P.O. KADAMTALA, P.S. ALOPATICHAR, DIST. BARPETA, ASSAM, PIN NO. 781308 2: SOMER ALI @ CHAMAR ALI S/O LATE DELBAR HUSSAIN R/O VILL- CHAYSIMANA P.O. KADAMTALA P.S. ALOPATICHAR DIST. BARPETA ASSAM PIN NO. 781308 3: TOSER ALI @ TOSEM S/O LATE JEL HAQUE R/O VILL- CHAYSIMANA P.O. KADAMTALA P.S. ALOPATICHAR DIST. BARPETA ASSAM PIN NO. 781308 4: JOHIRUL ISLAM S/O ROMJAN ALI R/O VILL- CHAYSIMANA P.O. KADAMTALA P.S. ALOPATICHAR DIST. BARPETA ASSAM Page No.# 2/5 PIN NO. 781308 5: TOSER ALI @ KASHEM S/O LATE MAJIBAR RAHMAN R/O VILL- CHAYSIMANA P.O. KADAMTALA P.S. ALOPATICHAR DIST. BARPETA ASSAM PIN NO. 781308 6: AHER ALI S/O LATE DELBAR HUSSAIN R/O VILL- CHAYSIMANA P.O. KADAMTALA P.S. ALOPATICHAR DIST. BARPETA ASSAM PIN NO. 781308 7: AMIR HUSSAIN S/O LATE INNAS ALI R/O VILL- CHAYSIMANA P.O. KADAMTALA P.S. ALOPATICHAR DIST. BARPETA ASSAM PIN NO. 78130 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHOUDHURY, MS. A KAUSHAR,MR S ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 3/5 BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 07.02.2025 Heard learned counsel, Mr S Islam, for the petitioners, 1) Sanowar Hussain, 2) Somer Ali @ Chamar Ali, 3) Toser Ali @ Tosem, 4) Johirul Islam, 5) Toser Ali @ Kashem, 6) Aher Ali and 7) Amir Hussain, who have filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as they are apprehending arrest in connection with PRC Case No. 1173/2022, arising out of Goalpara RPS Case No. 27/2016, under Sections 147/148/149/447/448/326/307/436 of the IPC. 2. Heard Mr B Sharma, learned Additional Public Prosecutor for the State of Assam. 3. It is submitted on behalf of the petitioners that the other accused named in the FIR have already been granted pre-arrest bail. 4. The learned Additional Public Prosecutor has raised serious objection, stating that the petitioners have not cooperated with the investigation and now, after evading appearance, they are praying for pre-arrest bail. 5. The allegations against the petitioners are of grave nature and this is the reason why charge sheet has been laid against the petitioners under Sections Page No.# 4/5 147/148/149/447/448/326/307/436 of the IPC. 6. It is submitted on behalf of the petitioners that the victim and the aggrieved are aggressors and an FIR has been lodged against the victim and the aggrieved, which was registered as Goalpara RPS Case No. 26/2016. 7. It is further submitted by the learned Additional Public Prosecutor that the act attributed to the present petitioners are of grave nature and they have caused grievous injuries on two victims and simple injury on a woman victim and thus, they are not entitled to bail. 8. I have considered the submissions at the Bar with circumspection. 9. I have considered the submission that the petitioners are willing to cooperate with the trial. 10. I have also considered the submission that the other accused have already been enlarged on pre-arrest bail and the present petitioners are willing to abide by any stringent conditions, if imposed upon them. 11. Considering all aspects, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 50,000/- (Rupees Thirty Thousand Only) each, with a suitable surety of like amount to the satisfaction of the Elaka Magistrate/jurisdictional Court, under the conditions that: i) the petitioners shall not leave the jurisdiction of the Court, without Page No.# 5/5 prior permission, till completion of trial, ii) the petitioners shall refrain from such activities with which they are alleged, and iii) the petitioners shall not exercise threats to the witnesses or try to influence them. 11.1. On breach of any of the bail conditions, the learned Elaka Magistrate/jurisdictional Court is at liberty to immediately cancel the bail granted to the petitioner. 12. Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant