Page No.# 1/2 GAHC010058272025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/649/2025 ABDUL MOTLEB AND 2 ORS. S/O- KHAIBAR ALI, R/O- VILL- DUMARDAHA PT- III, PS GAURIPUR, DIST. DHUBRI, ASSAM 2: ABDUL MATIN SHEIKH @ ABDUL MATIN S/O KHAIBAR ALI R/O- VILL- DUMARDAHA PT- III PS GAURIPUR DIST. DHUBRI ASSAM 3: KHAIBAR ALI S/O OSMAN ALI R/O- VILL- DUMARDAHA PT- III PS GAURIPUR DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Page No.# 2/2 ORDER Date : 28.03.2025 Heard learned counsel Mr. M Khan for the petitioner (1) Abdul Motleb, (2) Abdul Matin Sheikh @ Abdul Matin and (3) Khaibar Ali who have filed this application under Section 483 of the BNSS, 2023 for prayer of bail as he is apprehending arrest in connection with Gauripur PS Case No. 64/2025 under Section 61(2)/125(b)/117(2)/118(2)/109(1) of BNS, 2023. Heard Mr. D.P Goswami, learned Additional Public Prosecutor, Assam. The allegation against the petitioner is that a brick was thrown towards the victim Jahirul Hoque and the victim sustained grievous injuries on his person. I have considered the submissions at the bar. I have also scrutinized the Case Diary. The victim has sustained grievous injuries on different parts of his body. There are incriminating materials in the case diary especially against the petitioners Abdul Motleb, Abdul Matin Sheikh @ Abdul Matin. At this juncture there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioners. Considering all aspects, the prayer for pre-arrest bail of the petitioners No. 1 & 2 i.e. Abdul Motleb, Abdul Matin Sheikh @ Abdul Matin is rejected. The petitioner No. 3 Khaibar Ali is granted pre-arrest bail. In the event of his arrest, the petitioner No. 3 Khaibar Ali shall be enlarged on bail of Rs 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority under the condition that the petitioner No. 3 Khaibar Ali shall appear before the I/O within 1(one) week and co-operate with the investigation. Send back the Case Diary. JUDGE Comparing Assistant