Page No.# 1/4 GAHC010045992025 2025:GAU-AS:3223 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/534/2025 CHAND MOHAMMAD ALI AND 3 ORS S/O LATE BABAR ALI VILL- BALIPUKHURI, P.S- DHEKIAJULI DIST- SONITPUR, (ASSAM) 2: MAINUL HOQUE S/O CHAND MOHAMMAD ALI VILL- BALIPUKHURI P.S- DHEKIAJULI DIST- SONITPUR (ASSAM) 3: MUSTT. MAHILA KHATUN @ MAINA KHATUN W/O CHAND MOHAMMAD ALI VILL- BALIPUKHURI P.S- DHEKIAJULI DIST- SONITPUR (ASSAM) 4: LEYAKOT ALI S/O CHAND MOHAMMAD ALI VILL- BALIPUKHURI P.S- DHEKIAJULI DIST- SONITPUR (ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M AHMED, S W HUSSAIN,A. K. KANU Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 24-03-2025 Heard Mr. M. Ahmed, learned counsel for the petitioner Nos. 1. Chand Mohammad Ali, 2. Mainul Hoque, 3. Musstt. Mahila Khatun @ Maina Khatun and 4. Leyakot Ali, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Dhekiajuli Police Station Case No. 295/2024 under Section 329(3)/296/118(2)/109/3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioners is that they have caused grievous injuries on the victim Md. Sahjamal Ali according to the medico-legal report forwarded by the Investigating Officer along with the Case Diary. Two Case Diaries were called for regarding Dhekiajuli Police Station Case No. 294/2024 and Dhekiajuli Police Station Case No. 295/2024. 4. Learned Additional Public Prosecutor has submitted that there was a scuffle between both the parties and both the parties have sustained injuries but the medico-legal report of the victim of Dhekiajuli Police Station Case No. 294/2024 has not been forwarded. 5. The injury sustained by Md. Sahjamal Ali has been opined by the Medical Officer as ‘grievous injury caused by blunt weapon’. Page No.# 3/4 6. It is submitted that the petitioner No.1’s son has also sustained injuries in connection with the same incident and Annexure-3 series are the medical report of the victim, who has sustained injuries. 7. I have considered the submissions at the bar with circumspection. It appears that anticipatory bail may be granted to the petitioners. The petitioners are willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon them. 8. Considering all aspects, petition is allowed. 9. In the event of their arrests, the petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioners shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioners shall refrain from such activities with which they are alleged, (iii) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, (iv) the petitioners shall not exercise threats to the witnesses and maintain the peace and, (v) the petitioners shall not leave the jurisdiction of the Court without prior Page No.# 4/4 permission. 10. On breach of any of the bail conditions, bail order shall automatically stand cancelled. 11. In terms of the above observation, this Anticipatory Bail application stands disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant