Page No.# 1/4 GAHC010061602025 2025:GAU-AS:3484 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./868/2025 MD FOKHAR UDDIN AND ANR S/O ABDUL NOOR R/O WARDNO. 5, DOBOKA TOWN, P.O. AND P.S. DOBOKA DIST. HOJAI, ASSAM PIN- 782440 2: SHAMIM UDDIN S/O JOHIR UDDIN R/O WARD NO. 5 DOBOKA TOWN P.O. AND P.S. DOBOKA DIST. HOJAI ASSAM PIN-78244 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS. F H AHMED,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26.03.2025 1. Heard learned Counsel Mr. M.K.Hussain for the petitioners 1. Md. Fokhar Uddin and 2. Shamim Uddin who have filed this application under Section 483 of the BNSS, 2023 with a prayer for bail as they are behind bars since 13.03.2025 in connection with Doboka PS Case No. 8/2025 under Sections 189(2)/126 (2)/118(2)/109 of the BNS. 2. Mr. D.P.Goswami, learned Addl.Public Prosecutor is present for the respondent State and learned counsel Mr. D.K.Agarwala is present for the informant. 3. It is submitted on behalf of the petitioners that the accused person Nos. 1 and 2 named in the FIR have been directly implicated for causing injury on the head of the victim whereas the present petitioners have not been implicated in the FIR and bail may be granted to the petitioners. 4. Learned Addl.Public Prosecutor has submitted that there are incriminating materials in the Case Diary against all the accused persons. 5. Learned Counsel for the informant Mr. D.K.Agarwal has submitted that earlier Investigating Officer has been changed. He was not conducting the investigation properly. Moreover, although the injuries were shown as simple Page No.# 3/4 injury, in reality, the victim has sustained 32 stitches and the photograph of the injury reveals clearly that the injuries were fatal in nature and the ingredients of attempt to murder is attracted. 6. I have scrutinized the Case Diary. 7. There are indeed incriminating materials in the Case Diary against the petitioner. 8. However, I have considered the submissions that the petitioners are willing to abide by any stringent conditions, if imposed upon them. Investigation has progressed substantially and it appears that further detention may not require for progress of investigation. 9. Considering all the aspects, the prayer for bail is hereby allowed. 10. The petitioners named above shall be released on bail on furnishing bail bond of Rs.50,000/- each with a suitable surety of like amount to the satisfaction of the learned CJM, Hojai subject to the following conditions: i) That the petitioners shall co-operate with the investigation, ii) That the petitioners shall appear before the I.O. every fortnight till completion of the investigation, iii) That the petitioners shall not threat or influence any witness, iv) That the petitioners shall refrain from committing any such offence of which they are alleged, Page No.# 4/4 v) That the petitioners shall not leave the jurisdiction of the Court without prior permission. 11. On breach of any of the above conditions, the jurisdictional Court/ Eleka Magistrate is at liberty to immediately cancel the bail granted to the petitioners. 12. In terms of the above observations, the bail application stands disposed of. 13. Send back the Case Diary. JUDGE Comparing Assistant