Page No.# 1/3 GAHC010092892026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1004/2026 AJAHAR ALI ALIAS AZAHAR ALI SON OF LT. BALU SHEIKH RESIDENT OF VILL- TOPGAON, PART-I, P.O. TOPGAON, P.S. MERERCHAR, DIST. BONGAIGAON, ASSAM, PIN CODE- 783384 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR G CHAMUAH, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 28.07.2026 Heard Mr. G. Chamuah, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State. 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Ajahar Ali @ Azahar Ali, has prayed for granting pre-arrest bail, apprehending arrest in connection with Mererchar P.S. Case No. 07/2026, registered under Section Page No.# 2/3 117(2)/117(3)/79 and 3(5) of BNS, 2023. 3. The FIR on the basis of which the petitioner was arrayed as an accused person was lodged on 01.05.2026, by the informant alleging inter alia that on 29.04.2026 at about 5.30 p.m. when the petitioner went to the house of the informant for collecting the land revenue from the informant's husband for his part of the land, an altercation started between the brothers when the informant's husband said he cannot pay the land revenue to the petitioner. The informant, i.e. the wife of the brother of the petitioner stated that during the tussle the petitioner picked up one betel nut tree and attacked on the head of her husband and that subsequently, the wife of the petitioner and another accused person also came and assaulted both the informant and her husband. She also stated that hearing the hue and cry, the neighboring people came and petitioner and others left the place of occurrence. 4. The learned counsel for the petitioner submits that on completion of the investigation the police had submitted charge sheet on 28-06-2026. He submits that charge sheet was submitted during the pendency of the instant bail application. 5. Mr. D. P. Goswami, learned counsel for the State, however, submits that it is stated in the FIR that the petitioner had assaulted the informant's side for not paying the land revenue and that the informant's side has suffered injuries. He submits that the minor daughter of the informant sustained injuries on her body to which the learned counsel for the petitioner submits that the injury on the minor daughter of the informant was not due to assault made by the petitioner or his family but she had come in between the tussle and got injured while the incident was going Page No.# 3/3 on. 6. Upon consideration of the submissions made by the parties more so, in view of the fact revealed by the FIR that the entire incident took place at the spur part of the moment, this Court deems it fit to enlarge the petitioner on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of learned SDJM (M), North Salmara, Abhayapuri. The direction for pre-arrest bail is subject to the conditions that the petitioner: (a) Shall appear before the trial court on each and every dates; (b) Shall not intimate or harass the informant and his family member. (c) Shall not hamper or tamper with the evidence of the case. 7. Accordingly, this anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant