Page No.# 1/4 GAHC010280472025 2026:GAU-AS:1511 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2988/2025 CHAND MIYA AND 9 ORS. S/O SEKANDAR A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG, DIST. DARRANG, ASSAM 2: AZAD ALI SON OF KASEM ALI A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 3: HAZRAT ALI S/O SAHAJAL HOQUE A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 4: SANOWAR HUSSAIN S/O NABIR ALI A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 5: JABBAR ALI @ JABBAR ALI S/O BASA ALI A RESIDENT OF VILL NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 6: AREJ ALI Page No.# 2/4 S/O CHAND MIYA A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 7: SUKKUR ALI @ SUKUR ALI S/O JABBAR ALI @ JABAR ALI A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 8: FARAJ ALI S/O CHAND MIYA A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 9: OHED ALI S/O AFSAR ALI A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 10: MAHED ALI S/O AFSAR ALI A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S H ZAMAN,MR. S. ALOM Advocate for the Respondent : PP, ASSAM, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 05.02.2026 Heard Mr. M.A.I. Hussain, the learned counsel for the petitioners. Also heard Mr. D. Goswami, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioners in connection with Dhula P.S. Case No. 127 / 2025 under Sections 189(2) / 329(3) / 109 / 118(2) / 324(4) / 324(5) of Bharatiya Nyaya Sanhita, 2023. 3. The case arose out of an FIR dated 15.11.2025 lodged by one Jalal Ali with the allegation that on 02.11.2025 at 02:00 PM, the 12 accused persons named in the FIR, including the present petitioners herein, came to their house armed with sharp weapons because of old quarrel, they attacked his father with sharp weapons and thereafter also assaulted the informant's sister-in-law, brother and another sister-in-law. It is alleged that they also assaulted his mother and his family members, as a result of the assault, they were severely injured and the condition of his father is serious. The petitioner no. 1 – Chand Miya and petitioner no. 5 Jabbar Ali @ Jabar Ali were granted interim pre-arrest bail on 18.12.2025, noticing that they are aged persons. 4. The Case Diary has been received. 5. Mr. Goswami, learned Additional Public Prosecutor submits that the implications revealed by the learned Trial Court also and the condition of his father is critical and he is battling for his life. One of the victims has supported Page No.# 4/4 the allegations about the assault upon him. 6. Perused the medical reports available in the Case Diary. 7. I find force in the contention of the prosecution that it may not be an appropriate case for grant of pre-arrest bail. However, I am not inclined to cancel the interim bail granted to the petitioner no. 1 – Chand Miya and the petitioner no. 5 - Jabbar Ali @ Jabar Ali, who have also appeared and their statements have also recorded. Their interim bail is hereby made absolute, subject to the condition that they shall cooperate with the investigation and shall not commit any illegal activities or offences. 8. With regard to the other petitioners, this Court is constrained to reject their prayer for pre-arrest bail at this stage. 9. The AB stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant