Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010053272025
2025:GAU-AS:5137
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/626/2025 AKKAS ALI AND 5 ORS. S/O JELU HUSSAIN RESIDENT OF VILLAGE SALKATA( BORKALIA SERSHOW), P.F.
FAKIRGANJ, DIST. DHUBRI, ASSAM PIN CODE- 783330 2: ASHRAFUL ANSARY S/O JELU HUSSAIN RESIDENT OF VILLAGE SALKATA( BORKALIA SERSHOW) P.F. FAKIRGANJ DIST. DHUBRI ASSAM PIN CODE- 783330 3: ARSHAD ALI S/O JELU HUSSAIN RESIDENT OF VILLAGE SALKATA( BORKALIA SERSHOW) P.F. FAKIRGANJ DIST. DHUBRI ASSAM PIN CODE- 783330 4: AZAHAR ALI S/O JELU HUSSAIN RESIDENT OF VILLAGE SALKATA( BORKALIA SERSHOW) P.F. FAKIRGANJ DIST. DHUBRI ASSAM PIN CODE- 783330 5: JELU HUSSAIN S/O LT. RAJ MAMUD RESIDENT OF VILLAGE SALKATA( BORKALIA SERSHOW) P.F. FAKIRGANJ
Page No.# 2/3 DIST. DHUBRI ASSAM PIN CODE- 783330 6: CHAN BHANU @ CHAN BHANU BEGUM W/O AKKAS ALI RESIDENT OF VILLAGE SALKATA( BORKALIA SERSHOW) P.F. FAKIRGANJ DIST. DHUBRI ASSAM PIN CODE- 78333 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S SARMA, MS B DEVI Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 28.04.2025
Heard Ms. B. Devi, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of BNSS, praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Fakirganj P. S. Case No. 9/2025 [G.R. Case No.93/2025] registered under Sections 189(2)/296/117(2)/74/351(2) of BNS. The Case Diary as called for, has already been received and I have perused the same. Page No.# 3/3 It is submitted by the learned counsel for the petitioners, Ms. Devi, that after obtaining the interim pre-arrest bail dated 19.03.2025, the present petitioners have already appeared before the Investigating Officer (IO) and cooperated in the investigation of the case. She further submitted that the present FIR has been lodged with false and concocted allegations, merely as a counterblast to the FIR lodged by the petitioners' side. However, the accused/petitioners are ready and willing to cooperate with the IO in the further investigation of the case if their interim pre-arrest bail is made absolute. In this regard, Mr. Goswami, learned Additional Public Prosecutor, has submitted that most of the witnesses have implicated the names of the accused/petitioners, alleging their involvement in the said offence.
He further submitted that the incident occurred due to a land dispute between the two groups. Additionally, he submitted that the injury report of the victim shows a grievous injury. However, he also mentioned that all the accused/petitioners have already appeared before the IO and cooperated in the investigation of the case. After hearing the submissions of the learned counsels for both sides and considering the materials available in the case diary, as well as the fact that the accused/petitioners have appeared before the IO and cooperated with the investigation, I find it appropriate to extend the privilege of interim pre-arrest bail to the petitioners. Accordingly, the order passed by this Court dated 19.03.2025 is hereby made absolute, with the same terms and conditions. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant