Page No.# 1/3 GAHC010211222026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3018/2026 HASEN ALI S/O NOUSHAD ALI, R/O VILLAGE- JAWKATAGAON, P.S. BOKO, DISTRICT- KAMRUP, ASSSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM Advocate for the Petitioner : MR. S H RAHMAN, SWEETY PARBIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.09.2026 Heard Mr. SH Rahman, learned Counsel for the petitioner and Mr. RJ Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Boko PS Case No. 285/2026 registered under Section 109(1)/118(2)/126(2)/115(2)/3(5) of BNS, 2023. The FIR in connection with Page No.# 2/3 which the petitioner was arrested on 02.09.2026 was lodged by the brother of the victim stating inter alia that there was a altercation between the petitioner and his brother over the land dispute and during the altercation, the petitioner had assaulted his brother with kicks and punches and when his brother pushed him back, the petitioner was stated to have struck him on his head with a spade. 3. The learned Counsel for the petitioner submits that there were no injuries on the victim and that there was a mutual fight amongst them. 4. Mr. RJ Baruah, learned Additional Public Prosecutor for the State, on the other hand submits that specific allegation is made against the petitioner to have struck the victim on his head and as such, he submits that the injury report be looked into by calling the Case Diary as well as the Injury Report. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact there was a mutual fight amongst the brother of the informant and the petitioner and also due to the fact that it is not clear as two whether any grievous injury was caused to the victim, which however is not stated by the Sessions Judge too in the bail rejection order, this Court enlarges the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of JMFC, First Class, Boko under the following conditions: i) the petitioner will appear before the Investigating Officer as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the Page No.# 3/3 permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant