Page No.# 1/4 GAHC010170492026 2026:GAU-AS:12859 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1907/2026 FAREJ UDDIN ALIAS FOREZ UDDIN SK S/O ABDUL HAI VILLAGE TAKIMARI, P.S. SUKCHAR, DISTRICT SOUTH SALMARA MANKACHAR, ASSAM, PIN 783128 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, A.K.SK,MR. A KHALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 03.09.2026 1. Heard Mr. A.Z. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. R.J. Baruah, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with PRC Case No. 181/2026 arising out of Sukchar P.S. Case No. Page No.# 2/4 20/2026 registered under various sections of law and pending before the learned Additional Chief Judicial Magistrate, South Salmara, Mankachar. 3. The FIR in connection with which the petitioner is apprehending arrest was lodged on 24.03.2026 by one Soynal Hoque stating inter alia that on 21.03.2026 a quarrel had taken place over the distribution of meat between the informant’s brother and accused No. 1, namely, Fozial Hoque. It was further stated that during the said altercation the accused person assaulted the informant’s brother on his head causing injuries. 4. The informant further stated that when his father went to rescue his brother the 11 accused persons assaulted his father. Thereafter, when the informant along with his sister and sister-in-law went to the place of occurrence the petitioner along with two others assaulted them and caused grievous injuries to them. The informant further stated that his father succumbed to his injuries on 23.03.2026 at about 6:00 p.m. 5. The learned counsel appearing for the petitioner submits that a Non- Bailable Warrant (NBWA) had been issued against the petitioner and that seeking quashing of the same he had filed an application before this Court. This Court vide order dated 07.08.2026 stayed the operation of the said NBWA and directed the petitioner to appear before the trial court on or before 24.08.2026 and seek regular bail. He submits that the case is pending before the learned Additional Chief Judicial Magistrate, South Salmara, Mankachar and that the offence is triable by the Court of Sessions. He further submits that the case has not yet been committed to the Court of Sessions and that if the petitioner appears before the learned Additional Chief Judicial Magistrate, South Salmara, Mankachar he apprehends that he may be remanded to custody as the said Page No.# 3/4 court would not have the jurisdiction to grant bail in respect of an offence exclusively triable by the Court of Sessions. 6. In support of his submissions, he places reliance on the judgment of the Hon’ble Supreme Court in Prahlad Singh Bhati v. NCT, Delhi and Another reported in (2001) 4 SCC 280. He further submits that this Court has granted bail to some of the other accused persons in connection with the same case. 7. On the other hand, Mr. R.J. Baruah, learned APP appearing for the State of Assam submits that despite the direction of this Court, the petitioner did not appear before the trial court on 24.08.2026. He further submits that the informant his sister and his sister-in-law had sustained injuries with the female members having suffered grievous injuries and that the allegation of assault is specifically against the petitioner. 8. Upon consideration of the submissions made by the learned counsel for the parties, more particularly in view of the fact that it has not been specifically stated as to which accused had assaulted whom, this Court deems it fit to enlarge the petitioner on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, South Salmara, Mankachar subject to the following conditions: (i) The petitioner shall positively appear before the Investigating Officer within a period of 10 days from today and corporate with the investigation without any failure, (ii) The petitioner shall not hamper and tamper with the evidence of Page No.# 4/4 the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave his residence without prior permission of the I.O. 9. Accordingly, this petition is disposed of. JUDGE Comparing Assistant