Page No.# 1/4 GAHC010155992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1732/2026 NUR HUSSAIN AND 2 ORS SON OF LATE SAMSUL VILLAGE NO. 1 KOWA DONGA PO KOWADONGA PS SILONIBARI 787031 DISTRICT LAKHIMPUR ASSAM 2: DR INAMUL HOQUE SON OF NUR HUSSAIN VILLAGE NO 1 KOWA DONGA PO KOWADONGA PS SILONIBARI PIN CODE- 787031 DISTRICT LAKHIMPUR ASSAM 3: AJAHAR HUSSAIN SON OF NUR HUSSAIN VILLAGE NO. 1 KOWA DONGA PO KOWADONGA PS SILONIBARI PIN CODE-787031 DISTRICT LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. S G BARUAH, MS C SAIKIA,MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 05.08.2026 Heard Ms. S.G. Baruah, learned counsel for the applicants and Mr. B. Page No.# 2/4 Sarma, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with the North Lakhimpur PS Case No. 225/2026, under Sections 191(2)/ 191(3)/ 126(2)/ 118(2)/ 351(3)/ 324(4)/ 303(2)/ 3(5) of the BNS, this application under Section 482 of the BNSS, is preferred by applicants, namely Nur Hussain; Dr. Inamul Hoque; and Ajahar Hussain, for grant of pre-arrest bail. 3. The aforementioned case has been registered on the basis of one FIR lodged by one Monoj Gogoi; Dipankar Basu; Prajal Das; and Uttam Das, on 17.07.2026. 3.1. The essence of allegation in the FIR, dated 17.07.2026, is that on 16.07.2026, at about 05:30 pm, the informants went to the bazaar to collect tax and at that time, the FIR named accused persons along with 30/40 other miscreants, in a planned manner, being armed with dao, rod, wood and solid bamboo sticks, by shouting slogans ‘Alla Hou Akbar’ and ‘Chanak Tuluho’, attacked them and also shouted that there will be no Asomiyagiri and even if they are killed, the BJP Government cannot do anything. 4. Ms. Baruah, learned counsel for the applicants, submits that the applicant No. 1 is a retired teacher; applicant No. 2 is an Ayurvedic Doctor; and applicant No. 3 is a pharmacist and that their names find no mention in the FIR. Ms. Baruah further submits that the applicants are innocent and no way involved with the offence alleged in the FIR and that they are ready to cooperate with the investigating agency and therefore, it is contended to allow the petition. 5. Per-contra, by producing the case diary before this Court, Mr. Sarma, learned Additional Public Prosecutor, fairly submits that the witnesses examined so far by the IO have not implicated the present applicants with the offence Page No.# 3/4 alleged in the FIR. 6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record and also perused the case diary produced before this Court, with the assistance of learned Additional Public Prosecutor. 7. In view of the materials examined so far in the case diary and also in view of the submissions, so advanced by learned counsel for both the parties, this Court is of the view that custodial interrogation of the applicants may not be required, in the interest of investigation. 8. Accordingly, this Court is inclined to allow the application. It is provided that in the event of arrest of the applicant, namely, Nur Hussain; Dr. Inamul Hoque; and Ajahar Hussain, in connection with North Lakhimpur PS Case No. 225/2026, under Sections 191(2)/ 191(3)/ 126(2)/ 118(2)/ 351(3)/ 324(4)/ 303(2)/ 3(5) of the BNS, they shall be enlarged on pre-arrest bail, on their executing a bond of Rs. 20,000/- each only, with one surety of like amount to the satisfaction of the arresting authority. 9. The above privilege is, however, subject to the following conditions: (i) that the applicant shall make themselves available for interrogation by the Investigating Officer as and when directed; (ii) that the applicant 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 them from disclosing such facts to the Court or to any police officer; and (iii) that the applicant shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Lakhimpur, without prior permission. Page No.# 4/4 10. In terms of this AB stands disposed of. 11. The case diary be returned. JUDGE Comparing Assistant