Page No.# 1/3 GAHC010029032025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : Bail Appln./476/2025 YOUNUS AHMED S/O ABDULKHALIQUE R/O VILL-USHNABAZ P.O.ANGLARBAZAR P.S. BADARPUR DIST.SRIBHUMI. VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR S DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 17.03.2025 1. Heard learned counsel Mr. S. Das, for the petitioner Younus Ahmed in connection with B.A. No. 476/2025, and for the petitioner Farhana Begum in Page No.# 2/3 connection with A.B. No. 413/2025. 2. This application has been filed by the petitioner Younus Ahmed under Section 483 of the BNSS with prayer for bail in connection with Badarpur P.S. Case No. 08/2025 under Sections 61(2)/191(2)/191(3)/126(2)/117(2)/109/118(2) of the BNS and the petitioner Farhana Begum has filed this application under Section 482 of the BNSS with prayer for pre-arrest bail in connection with Badarpur P.S. Case No. 08/2025 under Sections 61(2)/191(2)/191(3)/126(2)/117(2)/109/118(2). 3. The FIR unfolds that both the petitioners along with the other accused named in the FIR, on 25.12.2024, at about 8:30 p.m., confronted the victim/informant about an illicit relationship between him and 'X'. They then started assaulting him and forcibly confined him in the house of Siddique Ali. He sustained sharp injuries and he was knocked unconscious as he suffered grave injuries as a result of the assault. Other people of the locality came to his rescue when he raised alarm. The allegation against the petitioner Farhana Begum is of grave nature. There are two victims in this case. The victim 'X' has already succumbed to her injuries. This case and Badarpur P.S. Case No. 311/2024 arise out of the same cause of action. 4. Learned Additional Public Prosecutor has raised serious objection stating that although this case is registered on the basis of an FIR lodged by the informant, there is another case lodged by another informant who is the father of another victim 'X'. It is submitted that the Case Diary reveals that vide the Order dated 31.01.2025, passed by the learned Magistarte in connection with Badarpur P.S. Case No. 08/2025, both the cases i.e. Badarpur P.S. Case No. 311/2024 and Badarpur P.S. Case No. 08/2025, have been amalgamated and the Investigating Officer was directed to proceed with the investigation and Page No.# 3/3 submit F.F. after amalgamation of both the cases arising out of different FIRs because the cases are relating to the same cause of action and both the cases are relating to the same incident as well. 5. It is further submitted by the learned Additional Public Prosecutor that there are incriminating materials in the Case Diary against both the petitioners. The statements of the witnesses under Section 181 of the BNSS and the statements of the eye witness under Section 183 of the BNSS implicates the petitioners. 6. I have also scrutinized the Case Diary. 7. It appears that the petitioner Farhana Begum is not entitled to anticipatory bail. The offence alleged is of grave nature. Another victim has succumbed to her injuries. Thereby, petition with prayer for anticipatory bail stands rejected at this stage. Interim order dated 21.02.2025 granting interim bail to the petitioner Farhana Begum stands vacated. 8. Prayer for bail of the petitioner Younus Ahmed is rejected after scrutinizing the Case Diary. 9. Send back the Case Diary. JUDGE Comparing Assistant