Page No.# 1/4 GAHC010029032025 2025:GAU-AS:2774 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./408/2025 YOUNUS AHMED AND ANR S/O ADUL KHALIQUE R/O VILL-USHNABAZ, P.O. ANGLARBAZAR, P.S. BADARPUR, DIST. SRIBHUMI 2: HASIB UDDIN @ ABDUL HASIB S/O SIDDEK ALI R/O VILL-USHNABAZ P.O. ANGLARBAZAR P.S. BADARPUR DIST. SRIBHUM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S DAS, P J DAS Advocate for the Respondent : PP, ASSAM, Linked Case : AB/343/2025 SIDDEK ALI AND 4 ORS S/O MOSAID ALI R/O VILL- USHNABAZ P.O. ANGLARBAZAR Page No.# 2/4 P.S. BADARPUR DIST.SRIBHUMI. 2: RENU BIBI D/O SIDDEK ALI R/O VILL- USHNABAZ P.O. ANGLARBAZAR P.S. BADARPUR DIST.SRIBHUMI. 3: HAJJIRA BEGUM D/O SIDDEK ALI R/O VILL- USHNABAZ P.O. ANGLARBAZAR P.S. BADARPUR DIST.SRIBHUMI. 4: DILUARA BEGUM D/O SIDDEK ALI R/O VILL- USHNABAZ P.O. ANGLARBAZAR P.S. BADARPUR DIST.SRIBHUMI. 5: NAJIM UDDIN S/O SIDDEK ALI R/O VILL- USHNABAZ P.O. ANGLARBAZAR P.S. BADARPUR DIST.SRIBHUMI. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR S DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 17.03.2025 1. Heard Mr. S. Das, learned counsel for the petitioners namely, (1) Younus Ahmed, and (2) Hasib Uddin @ Abdul Hasib in connection with B.A. No. 408/2025 and the other petitioners namely, (1) Renu Bibi, (2) Hajira Begum, and (3) Diluara Begum in connection with A.B. No. 343/2025. 2. The petitioners of B.A. No. 408/2025 have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars in connection with Badarpur Police Station Case No. 311/2024 under Sections 117/109/103(2) of the BNS corresponding to GR Case No. 2265/2024. 3. The petitioners No. 2, 3 & 4 of A.B. No. 343/2025 have filed this application under Section 482 of the BNSS, 2023 as they are apprehending arrest in connection with the aforementioned Badarpur P.S. Case No. 311/2024. Learned counsel for the petitioners namely, (1) Siddek Ali, (5) Najim Uddin, have not pressed this petition with pre-arrest bail as the petitioners have already been arrested in connection with this case. 4. Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State. 5. The petitioners are the accused named in the FIR lodged by one, Aynul Haque, wherein it has been observed that on 25.12.2024, at about 10 p.m., the petitioners along with the other accused named in the FIR, accompanied by one, Selim Uddin went to his daughter ‘X’’s neighbors house with false accusation that ‘X’ and Selim Uddin have indulged in an illicit relationship. Then Page No.# 4/4 the petitioners and the accused persons named in the FIR tied up the hands and legs of ‘X’ and Selim Uddin and assaulted them. As a result, both ‘X’ and Selim Uddin sustained grievous injuries and ‘X’ who was immediately taken to Karimganj Civil Hospital for treatment succumbed to her injuries. 6. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the case diary against the petitioners. 7. The statements of the witnesses under Section 181 of the BNS and statements of the eye witness under Section 183 of the BNS clearly reveals that the petitioners are complicit. 8. I have scrutinized the Case Diary. A mob had indeed attacked the victims which had resulted in the death of one of the victims. This is a offence of grave nature. There are incriminating materials in the Case Diary against the petitioners. 9. At this juncture, I am not inclined to grant bail or anticipatory bail to the petitioners. 10. Petition stands rejected at this stage. 11. Send back the Case Diary. JUDGE Comparing Assistant