Page No.# 1/5 GAHC010130492026 2026:GAU-AS:10910 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1430/2026 IZAZ AHSAN SON OF SAMSURESIDENT OF BARKALIAJHARP S SIPAJHARDISTRICT DARRANG ASSAML ALAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. I CHOUDHURY, MS. P CHOUDHURY,HIMSHIKHA TALUKDAR,R L CHUTIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI O R D E R 06.08.2026. Heard Mr. A.M. Dutta, learned counsel appearing for the accused/petitioner. Also heard Mr. B. Sarma, learned Addl. P.P., Assam, appearing for the State respondent. Page No.# 2/5 This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, i.e. Izaz Ahsan who is apprehending arrest in connection with the Bhangagarh P.S. Case No. 35/2026, registered under Sections 126(2)/118(2) of the BNS, 2023. The case of the prosecution is that on 17.04.2026, the informant’s brother was severally assaulted by the accused/petitioner on his head with an iron rode causing grievous injuries, for which he became senseless and he has been taken to the Hospital for medical treatment on the same day and discharged from the hospital on 26.04.2026. Upon regaining sense, his brother narrated the incident to the informant. Accordingly, a case was registered under the aforesaid provisions of law. Mr. Dutta, the learned counsel submits that the accused/ petitioner did not cause any hurt to the victim voluntarily and it was only on sudden provocation, the accused/petitioner pushed the informant’s brother on which having fallen down, he sustained injuries on his head. Per contra, Mr. Sarma, learned Addl. P.P., Assam, appearing for the State while strongly opposing the prayer for bail submits that upon the police recording the statement of the informant’s brother on regaining conscious after almost six days or so, has clearly stated before the I.O. that the accused/ petitioner had severely injured him on his head and neck with an iron rod. He further submits that the medical report also corroborates the version given by the informant’s brother during the course of recording his statement under Section 180 of the BNSS, 2023. The learned Addl. P.P., Assam further submits that the informant’s brother upon being admitted in the Hospital on 17.04.2026, Page No.# 3/5 had to undergone treatment for several days and only on 26.04.2026, he was discharged from the Hospital. He accordingly submits that the injuries sustained by the victim are grievous and the investigation having not been concluded, the accused/petitioner ought not to be released on pre-arrest bail. I have considered the submissions advanced by the learned counsel for the parties and have perused the materials available in the case diary. The object of granting anticipatory bail is to safeguard the liberty of a person against unnecessary arrest while ensuring that the investigation is not impeded. While considering an application under Section 482 of the BNSS, 2023, the Court is required to balance the nature and gravity of the accusation, the role attributed to the accused/petitioner, the necessity of custodial interrogation, the stage of investigation, the possibility of the accused/petitioner absconding or tampering with the evidence, and his antecedents. In the present case, the allegations against the accused/ petitioner are undoubtedly serious. The victim has alleged that the accused/ petitioner assaulted him with an iron rod, causing grievous injuries, and the medical records prima facie support the injuries sustained by the victim. Thus, there are materials on record disclosing the involvement of the accused/petitioner. However, it also appears from the case diary that the statement of the victim as well as the other material witnesses has already been recorded under Section 180 of the BNSS, 2023. The investigation has substantially progressed, and no material has been brought to the notice of this Court to indicate that custodial interrogation of the accused/petitioner is indispensable for carrying the investigation to its logical conclusion. The accused/petitioner is stated to have Page No.# 4/5 no criminal antecedents and there is nothing on record to suggest that he is likely to abscond or interfere with the course of investigation or influence the witnesses if protected by appropriate conditions. Having regard to the overall facts and circumstances of the case, while keeping in view the seriousness of the allegations on the one hand and the progress of the investigation together with the absence of criminal antecedents and the apparent lack of necessity for custodial interrogation on the other, this Court is of the considered view that the petitioner has made out a case for grant of the privilege of anticipatory bail, subject to stringent conditions to ensure his cooperation with the investigation. Accordingly, the application is allowed. In the event of arrest in connection with the aforesaid case, the accused petitioner shall be released on anticipatory bail on furnishing a bail bond of Rs.20,000/- with one suitable surety of the like amount to the satisfaction of the Arresting Officer/Investigating Officer, subject to the following conditions: i. The petitioner shall appear before the Investigating Officer as and when required and shall cooperate with the investigation. ii. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to the police. Iii. The petitioner shall not tamper with the prosecution evidence or influence the witnesses in any manner. Page No.# 5/5 iv. The petitioner shall not leave the territorial jurisdiction of the State of Assam without informing the Investigating Officer until submission of the police report. v. The petitioner shall furnish his mobile number to the Investigating Officer and keep the same operational during the course of investigation. In the event of violation of any of the above conditions, it shall be open to the prosecution to seek cancellation of the anticipatory bail in accordance with law With the above observations and directions, the Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant