Page No.# 1/4 GAHC010121542026 2026:GAU-AS:10008 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1370/2026 SOINUDDIN AHMED AND 2 ORS. S/O-LT-NAYEB ALI 2: SHOHIDA KHATUN ALIAS SHOHIDA W/O- SOINUDDIN AHMED. 3: MYNUDDIN ALIAS MOINUDDIN S/O-LT-NAYEB ALI ALL ARE VILLAGE-BATABARI P.S. BAGUAN. DIST-GAOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. S I TALUKDAR,MD A ALI Advocate for the Respondent : PP, ASSAM, R. ALI(INFORMANT),MR. A M KHAN(INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22-07-2026 Heard learned counsel Mr. N.J. Dutta for the petitioners 1. Soinuddin Ahmed, 2. Shohida Khatun @ Shohida and 3. Mynuddin @ Moinuddin, who have Page No.# 2/4 filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Baguan Police Station Case No. 31/2026 under Sections 191(3)/126(2)/109/118(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The allegation against the petitioners is that they along with the other accused named in the FIR attacked the victim Imdadul Hoque with dangerous weapons and consequentially, the victim was shifted to Dispur Hospital for treatment. While the victim was undergoing treatment, the brother of the victim lodged the FIR against the petitioners. 3. It is submitted on behalf of the petitioners that this bail prayer is not for the prime accused i.e. the accused No. 1 named in the FIR. This bail petition is for the other accused i.e. the petitioners who are not active participants in the assault. 4. Learned Additional Public Prosecutor Mr. K.K. Das has raised serious objection stating that there are incriminating materials in the Case Diary and the petitioner No. 1 was actively involved in dealing a blow which caused the grievous injury on the victim. 5. Learned counsel Mr. A.M. Khan is present for the informant and has raised serious objection stating that the petitioners are aggressive by nature, and they have been repeatedly attacking the victim and his family members. They have earlier criminal antecedents and cases are pending against them in the Court. 6. I have also scrutinized the Case Diary. At this juncture, it appears that the petitioners No. 2 and 3 may be granted bail under certain conditions. Page No.# 3/4 7. Anticipatory Bail prayer of petitioner No. 1 stands rejected. 8. On the other hand, in the event of arrest of the petitioners No. 2. Shohida Khatun @ Shohida and 3. Mynuddin @ Moinuddin, they shall be enlarged on pre-arrest 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 No. 2 and 3 shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioners No. 2 and 3 shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) the petitioners No. 2 and 3 shall not exercise threats to the witnesses or try to influence them, (iv) the petitioners No. 2 and 3 shall not leave the jurisdiction of the Court without prior permission and, (v) the petitioners No. 2 and 3 shall refrain from such activities with which they are alleged. 9. On breach of any of the bail conditions, anticipatory bail order shall stand cancelled. 10. In terms of the above observation, this Anticipatory Bail application stands disposed of. Page No.# 4/4 11. Send back the Case Diary. JUDGE Comparing Assistant