Page No.# 1/4 GAHC010063922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./907/2025 NAZRUL ISLAM AND 4 ORS S/O FAYAJ ALI, RESIDENT OF PASCHM SAMARALI, PS MURAJHAR, DIST HOJAI, ASSAM 2: YAHIYA S/O KUTI RAJA RESIDENT OF PASCHM SAMARALI PS MURAJHAR DIST HOJAI ASSAM 3: CHAND ALI S/O KUTI RAJA RESIDENT OF PASCHM SAMARALI PS MURAJHAR DIST HOJAI ASSAM 4: ABUL HUSSAIN @ ABUL HASSAN S/O CHAND ALI RESIDENT OF PASCHM SAMARALI PS MURAJHAR DIST HOJAI ASSAM 5: ISLAM UDDIN S/O MOMTAJ ALI RESIDENT OF PASCHM SAMARALI PS MURAJHAR DIST HOJAI Page No.# 2/4 ASSA VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR R A AHMED, MR A ALAM,MR M AHMED,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.03.2025 1. Heard learned counsel Mr. R. A. Ahmed for the petitioners namely, (i) Nazrul Islam, (ii) Yahiya, (iii) Chand Ali, (iv) Abul Hussain @Abul Hassan, and (v) Islam Uddin. 2. The petitioners have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 08.03.2025 in connection with Murajhar Police Station Case No. 32/2025 under Sections 329(3)/117(2)/109/3(5) of the BNS. 3. Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State. 4. I have considered the submissions at the Bar. 5. The allegation against the petitioners is that they have assaulted the informant and her family members. 6. Learned counsel for the petitioners has submitted that there was a scuffle Page No.# 3/4 between both the parties and the FIR was lodged by Habiz Ahmed who is the cousin of accused petitioner No. 1 against the petitioners and his family members which was registered as Murajhar P.S. Case No. 32/2025. 7. It appears that further custodial detention may not be required for the progress of investigation. The petitioners are local residents and they are willing to abide by any stringent bail conditions if imposed upon them. The petitioners are willing to co-operate with the remaining part of investigation. 8. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the learned CJM, Hojai, under the conditions that: (i) The petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) The petitioners shall refrain from such activities with which they are alleged and maintain the peace, and (iii) The petitioners shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, the Jurisdictional Court/Elaka Magistrate is at liberty to immediately cancel the bail granted to the petitioner. Page No.# 4/4 10. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant