Page No.# 1/4 GAHC010263302025 2026:GAU-AS:147 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2840/2025 MOMIN ALI AND ANR S/O HABIBAR RAHMAN R/O - NO. 2 TUPAMARI, P.S - NAGARBERA, DIST- KAMRUP, ASSAM 2: MOGROB ALI S/O MUFFAZZAL HOQUE R/O- NO. 2 TUPAMARI P.S - NAGARBERA DIST- KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 06.01.2026 Heard Mr. A. Paramanik, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam appearing for the State respondent. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, (1) Momin Ali and (2) Mogrob Ali seeking pre-arrest bail in connection with Nagarbera PS Case No. 69/2025 under Sections 192(2)/ 192(3)/ 126(2)/ 117(2)/ 304(2)/ 118(2) of BNS, 2023. 3. The gist of the case is that the informant namely Fazal Hoque lodged a written FIR before the Nagarbera P.S., wherein he inter-alia alleged that on dated 02-10-25, while he was standing near the shop of Abul Hussain in front of the house of the accused persons, then the accused persons with their pre- plan pertaining to earlier enmity tried to drag him at their house and while he raised hue and cry, his wife Fatema Khatun and his daughters, Farida Begum, Farjina Faruki and his sons Faijul Hoque and Mofijul hoque came forward to save himself, then the accused persons armed with Lathi, Dao, axe etc., obstructed his family members, assaulted and injured them on their person and also the accused Monjuwara Khatun snatched away the ear-rings from his daughter namely Farjina Faruki. On the other hand, the accused Momin Ali and Mograb Ali with intent to murder his wife stabbed her with an axe and as a result, the left hand of his wife had broken down and sustained serious injury due to assault made by an axe. Later on the local public rescued him and his family from the accused persons and admitted at Nagarbera PHC, but the Page No.# 3/4 doctors referred his wife at GMCH for better treatment. 4. The learned Addl. P.P. on the basis of the case diary submits that there is material in the case diary against the petitioners. He submits that the injury report is not received, but the X-ray report is available. He also submits the X- ray report reveals fracture on the hand of the victim, who is the wife of the informant. 5. By Order dated 07.11.2025 passed in the previous Anticipatory Bail No. 2596 of 2025, filed on behalf of the accused persons, the prayer for pre-arrest bail in respect of the present petitioners was rejected while the prayer in respect of the remaining accused persons was allowed. 6. It is noticed from the aforesaid order that no injury report could be furnished by the I.O., alongwith the Case Diary. In the instant application also, although the Case Diary has been received, no injury report is available. Therefore, it appears that the most vital document which is necessary to determine the gravity of the offence has not been placed before the Court. 7. Under the aforesaid circumstances, this Court is inclined to allow the prayer for pre-arrest bail and it is accordingly so allowed. 8. Accordingly, it is provided that in the event of arrest, the petitioner Nos.1 and 2, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) each with one surety each of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) That the petitioner Nos. 1 and 2 shall cooperate in the investigation; Page No.# 4/4 (ii) That the petitioner Nos. 1and 2 shall not try to influence the witnesses of the case. 9. In terms of the above, the pre-arrest bail application stands disposed of. JUDGE Comparing Assistant