Page No.# 1/4 GAHC010109492026 2026:GAU-AS:14515 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1192/2026 AFAZUDDIN AHMED HAZARIKA S/O LT. INTAZ ALI SK. R/O-2 NO. POLASHGURI, PO- GOSSAIGAON, P.O.- SAPKATA DIST KOKRAJHAR, ASSAM-783360 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : S K PODDAR, MS. N PODDAR,MR. R GHOSH,R MANDAL Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 30.09.2026. Heard Mr. S.K. Poddar, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P., Assam appearing on behalf of the State respondent. This is an application under Section 482 of the BNSS, 2023 for granting pre- arrest bail to the accused/petitioner, namely, Afazuddin Ahmed Hazarika, in connection with Gossaigaon P.S. Case No. 57/2026 under Sections 191(2)/ Page No.# 2/4 191(3)/115(2)/117(2)/118(2)/109(1) of the BNSS, 2023. The scanned copy of the TCR has already been received along with the charge sheet. From the record, it reveals that the case has already been charge sheeted vide Charge Sheet No.111/2026, dated 30.06.2026. It is submitted by Mr. Poddar, the learned counsel that the present petitioner is a retired school teacher and he was not present at time of occurrence but being the resident of that locality, his name has been inserted in the FIR. However, it is a fact that there is a group clash between two groups, exclusively for land dispute wherein members of both the groups sustained injuries and cross-cases were accordingly instituted. The accused petitioner was granted with the interim protection on 25.06.2026 and in view of such protection, he appeared before the I.O., cooperated in the investigation of the case and his statement is accordingly recorded. The petitioner is still ready and willing to appear before the learned Trial Court below on each and every date to be fixed by the Court and he accordingly prays for making the interim bail absolute. Mr. Sarma, the learned Addl. P.P., Assam appearing for the State respondent raised objection and submitted that the petitioner is in interim bail and it is a fact that he already appeared before the I.O. and co-operated in the investigation and thus, his interim bail may be extended for further 10/15 days so that he can appear before the learned Trial Court with an application for regular bail. Mr. Sarma further submitted that there are sufficient incriminating materials against the present petitioner also and there are several injured Page No.# 3/4 persons/ victims, out of which three sustained grievous injuries on their persons and they were hospitalized for a considerable period because of their injuries which are also described as grievous in nature, namely, one Raushanara Begum, Azizul Haque and Ayub Ali. Apart from them, there are some other injured persons also who sustained fracture injuries on their person. The learned Addl. P.P., Assam further submitted that this may be a case between the two groups for land dispute but that cannot absolve any criminal liability of a person, who is involved in such offence of assaulting the victims causing grievous injuries on their person. Considering the submissions made by learned counsel for both sides, I have also perused the scanned TCR and it is seen that finding prima facie materials, the case has already been charge sheeted against the present petitioner along with others. However, from the record, it is seen that the accused is not shown as absconder in the charge sheet and he extended his cooperation during the investigation. But in the same time it also cannot be denied that sufficient incrimination is also against the present petitioner and considering these aspects, the case has been charge sheeted against the present petitioner along with other co-accused. Further considering the entire facts and circumstances of the case, particularly the cooperation extended by the present petitioner during the investigation, this Court is of the opinion that custodial detention of the petitioner may not be necessary for the purpose of trial. Considering this aspect of the case, the interim bail granted to the present Page No.# 4/4 accused petitioner on 25.06.2026 is hereby made absolute and the accused petitioner may approach the learned Trial Court below with a prayer for regular bail application. With the above observation, the present bail petition stands disposed of. JUDGE Comparing Assistant