Page No.# 1/3 GAHC010194902026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2665/2026 SIKENDAR ALI AND ANR S/O- LATE HASEN ALI, RESIDENT OF VILL- KHELMA PART-I MANIKPUR, P.S.-KALAIN, DIST.- CACHAR, ASSAM 2: AJIR UDDIN S/O- LATE HASEN ALI RESIDENT OF VILL- KHELMA PART-I MANIKPUR P.S.-KALAIN DIST.- CACHAR ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR F A LASKAR, MR A MALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 28.09.2026 Heard Mr. F.A. Laskar, learned counsel, appearing on behalf of the accused- applicants. Also heard Mr. K.K. Parasar, learned Addl. P.P., representing the State. Page No.# 2/3 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicants in connection with Kalain P.S. Case No. 59/2026, registered under Sections 61(2)/296/118(2)/109(1) of BNS, 2023, subsequently added Section 103 of BNS in the district of Cachar, Assam. 3. The prosecution’s case in the instant case is that, on 08.06.2026, a written complaint was received from one Abdul Hoque Barbhuiya, S/o-Late Mahmad Ali Barbhuiya, resident of Khelma Part-I (Manikpur), alleging that on 31.05.2026, during noon time, when his brother Abdul Wahid Barbhuiya was ploughing his agricultural land, the accused-applicants came to the place of occurrence armed with iron rods, lathi, and other weapons, and assaulted Abdul Wahid, causing injuries. When other persons present there intervened and came to rescue Abdul Wahid, the accused persons allegedly assaulted them with sharp-cutting weapons and other articles, thereby causing injuries to those persons, including the brother of the complainant. The injured persons were taken to Kalain CHC for medical treatment, and subsequently, they were referred to Silchar Medical College and Hospital for further medical treatment. 4. The learned counsel for the accused-applicants submits that all the accused persons named in the FIR have been granted bail, and the incident occurred due to certain misunderstandings. The injured persons suffered only minor injuries and they have already been released from the hospital. In view of the aforesaid, he submits that the accused-applicants should be granted bail on these grounds. 5. The learned Additional Public Prosecutor submits that the incident occurred and some injuries were caused to some persons, and therefore, opposes the prayer of bail. 6. Considering the fact that the incident occurred due to a land dispute and the injuries are simple in nature, and also considering that other co-accused persons Page No.# 3/3 have already been granted bail, this Court is inclined to grant bail to the accused- applicants. 7. Accordingly, it is directed that the accused-applicants shall be released on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) each with one surety of like amount to the satisfaction of JMFC, Cachar, subject to the following conditions: - (1) That the accused-applicants shall cooperate with the investigation and make themselves available before the Investigating Officer, as and when called for; (2) That the accused-applicants shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Authority; (3) That the accused-applicants shall not tamper with the evidence nor hamper the trial in any manner whatsoever. 8. In terms of the aforesaid, the instant bail application is disposed of. JUDGE Miriam Degu (SPA)