Page No.# 1/3 GAHC010022772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./318/2025 MERAJUL ISLAM AND ANR S/O LATE SAIDUR RAHMAN RESIDENT OF VILLAGE PASCHIM SINGIMARI, P.S.- RUPAHIHAT, DIST NAGAON, ASSAM 2: TOYAB ALI S/O LATE SAIDUR RAHMAN RESIDENT OF PASCHIM SINGIMARI PS RUPAHIHAT DIST NAGAON ASSA VERSUS STATE OF ASSAM TO BE REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR A W AMAN, FARIDUL AMIN,MR. SURAJIT DAS,SAMIM RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.02.2025 1. Heard Mr. S. Nawaz, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioners Merajul Islam and Toyab Ali have prayed for releasing them on bail after they surrendered before the in respect of Rupahihat P.S. Case No.155/2024. 3. On 01.07.2024 at about 9 p.m., there was a verbal duel between the informant and the petitioners along with some other person. The reason for the quarrel was distribution of Panchayat Job Card. 4. The informant has alleged that after the said incident, the petitioners along with some other person had arrived at their house armed with deadly weapons such as Dao, Sticks, etc., they dragged the informant out of the house and collectively beaten up in his courtyard. The family members including the parents of the informant tried to intervened and they also sustained injuries. 5. The father of the informant sustained serious injuries, he was taken to different hospitals for treatment and on 03.07.2024, the father of the informant expired. 6. The present two petitioners had surrendered before the concerned Magistrate and accordingly they were remanded to custody. 7. The learned Additional Public Prosecutor has submitted that the Medical report available in the Case Diary shows that the father of the informant sustained head injuries. 8. According to Mr. Goswami, learned Additional Public Prosecutor, there were eye Page No.# 3/3 witnesses, who supported the allegations. 9. Learned counsel for the petitioners on the other hand submits that the petitioners have voluntarily surrendered before Police and for that reason their bail application should be considered. 10. I have given my anxious considerations to the submissions made by learned counsel for both the sides, the petitioners have voluntarily surrendered before the authority concerned, and they have now spent 46 days in judicial custody. 11. This Court is of the opinion that keeping them in custody would not serve any purpose. 12. Therefore under the given circumstances, the bail application of the petitioners are allowed. 13. The petitioners Merajul Islam and Toyab Ali, who are in custody in respect of Rupahihat P.S. Case No.155/2024 shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon. 14. The present bail application stands disposed of. 15. Case Diary shall be returned. JUDGE Comparing Assistant