Page No.# 1/4 GAHC010165182026 2026:GAU-AS:11806 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1831/2026 WAZED ALI SK AND 4 ORS. S/O ABDUL SOBAHAN SHEIKH, RESIDENT OF VILLAGE PALASKANDI, P.S. TAMARHAT, DIST. DHUBRI, ASSAM. 2: HASEM ALI SK S/O RAHIM SHEIKH RESIDENT OF VILLAGE PALASKANDI P.S. TAMARHAT DIST. DHUBRI ASSAM. 3: AMIR ALI S/O HESEM ALI SK RESIDENT OF VILLAGE PALASKANDI P.S. TAMARHAT DIST. DHUBRI ASSAM. 4: HOSEN ALI SK @ HOSEN SK S/O RAHIM RESIDENT OF VILLAGE PALASKANDI P.S. TAMARHAT DIST. DHUBRI ASSAM. 5: NAZMA KHATUN D/O HASEN ALI SK RESIDENT OF VILLAGE PALASKANDI P.S. TAMARHAT DIST. DHUBRI ASSAM Page No.# 2/4 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. I U CHOWDHURY, JANIFAR RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19-08-2026 Heard Mr. I.U. Choudhury, the learned counsel appearing for the accused- applicants. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor for the respondent State. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting pre-arrest bail to the accused-applicants in connection with Tamarhat Police Station Case No. 37/2026 registered under Sections 296/118(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged on 06.06.2026 before the Officer-In-Charge of Tamarhat Police Station, by one Maleka Bibi, alleging that on 06.06.2026 at about 12.30 PM, the FIR named persons started abusing her with filthy language on account of cutting of a bamboo tree and thereby, they assaulted the informant. It is also alleged that when her husband, daughter-in-law, son and granddaughter came to save her, the accused persons assaulted them also, Page No.# 3/4 by wooden sticks and causing injuries. 4. On the basis of the aforesaid FIR, the Police registered Tamarhat Police Station Case No. 37/2026 under the aforementioned Sections. 5. The learned counsel appearing for the accused-applicants submits that the accused-applicant No. 4 has also filed an FIR against the informant and other persons and a case has been registered as Tamarhat Police Station Case No. 36/2026, wherein charge sheet has already been filed after the investigation by the police. The learned counsel appearing for the accused-applicant submits that the injury suffered by the informant and others are of simple in nature. 6. In view of the aforesaid, he submits that the accused-applicants should be granted pre-arrest bail. 7. Case Diary in the instant case has been received and the same is perused. 8. Mr. R.J. Baruah, the learned Additional Public Prosecutor, on the other hand, opposes the prayer of anticipatory bail to the accused-applicants. 9. Taking into account the materials available in the Case Diary as well as in consideration of the submissions made by the learned counsel appearing for the respective parties, this Court is of the considered opinion that the accused- applicants should be granted pre-arrest bail. Accordingly, it is directed that in the event of arrest of the accused-applicants by the Investigating Authority in connection with Tamarhat Police Station Case No. 37/2026, the accused- applicants shall be released on pre-arrest bail on furnishing of a bail bond of Page No.# 4/4 Rs.20,000/- (Rupees Twenty Thousand) each with suitable sureties of like nature to the satisfaction of the arresting authority subject to the following conditions:- (i) The accused-applicants shall appear before the Investigating Officer within a period of 10 (ten) days from today. (ii) The accused-applicants shall cooperate with the investigation and shall make themselves available as and when required by the Investigating Officer. (iii) The accused-applicants shall not tamper and hamper with the investigation by influencing any witnesses in whatsoever manner. 10. In terms of the above observation, this Anticipatory Bail application stands disposed of. 11. Case Diary to be returned. JUDGE Comparing Assistant