Page No.# 1/3 GAHC010006202025 2025:GAU-AS:922 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/79/2025 SABIDUL ISLAM @ SABED ALI SON OF JOSMOT ALI AND ALL ARE RESIDENT OF NASATRA, PS.- ABHAYAPURI, PIN- 783384, DIST BONGAIGAON (ASSAM), VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D J HALOI, G BORO,R BARMAN,MR. S A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 28.01.2025 Heard Mr. S. A. Hussain, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of BNSS, 2023 praying for grant Page No.# 2/3 of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Abhayapuri P.S. Case No. 262/2024, under Sections 61(1)/118(2)/103(2) of BNS. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Hussain, learned counsel for the petitioner, that the present petitioner is innocent and he was not even present at the place of occurrence. However, he admitted that there was quarrel between the 2 (two) groups only for the land dispute and one civil suit is also pending before the Civil Court, but the present petitioner is no way related with the alleged offence. However he is ready and willing to co-operate the I.O. in further investigation of this case if he is granted with the privilege of pre-arrest bail. Ms. Bora, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against the present accused/petitioner who also took active part in the commission of murder of the victim- Barek Ali. She further submitted that in a pre-planned manner, the accused Nos. 4 & 5 brought some chili powder in a plastic packet and sprinkle the same in the eyes of the victim and thereafter all the accused persons attacked him with lethal weapons like axe, dao, lathi, spade etc. for which he sustained grievous injuries and died on the spot. She further submitted that the axe and other weapons with blood stain have already been seized by police during investigation. She also submitted that from the statement made by the Page No.# 3/3 accused as well as the independent witnesses, it is seen that all the petitioner is also involved in the alleged murder of one Barek Ali and he was very much present at the place of occurrence and accordingly, she raised objection and submitted that it is not at all a fit case to grant the privilege of pre-arrest bail to the accused/petitioner. Considering the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary, viz-a-viz the nature and gravity of offence, I do not find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner at this stage and accordingly, the same stands rejected. The anticipatory bail application stands disposed of in terms above. JUDGE Comparing Assistant