Page No.# 1/4 GAHC010283422025 2026:GAU-AS:172 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2887/2025 AYUB KHAN CHAUDHURY AND ANR S/O LT SOLEMAN SARKAR R/O VILL JALABILA PO AND PS BAGRIBARI DIST KOKRAJHAR BTC ASSAM PIN 783349 2: MOFIDUL HOQUE S/O LT NASIR UDDIN SK R/O VILL CHOTO GIRARPAR PO BORKANDHA PS BILASIPARA DIST DHUBRI ASSAM PIN 783348 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. M U MONDAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 06.01.2026 Heard Mr. M.U. Mandal, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public prosecutor for the State. 2. The petitioners, namely, Ayub Khan Chaudhury and Mofidul Hoque, have filed this application under Section 482 of BNSS, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Bagribari P.S. Case No. 74/2025, under Sections 62/61(2)/87/74/118(2)/332(b)/331(6)/3(5) of BNS, 2023. 3. The allegations as reflected in the FIR is that both the petitioners dressed in an Army fatigues tried to kidnap the victim “X” and when the family members tried to protect, the petitioners assaulted Mohor Uddin, Rofiqul Islam, victim and Asiya Bewa. 4. It is submitted on behalf of the petitioners that owing to the dispute between a love relationship between the victim and the petitioner no.1, a discussion was held and in the discussion, fight erupted between both the parties and petitioner no.1 and 2 sustained grievous injuries. 5. Case diary has been received. 6. The petitioner No. 1 is stated to be in Chennai undergoing treatment for serious injuries/fractures suffered by him in the incident in which he was also assaulted and it is further submitted though petitioner No. 2 also sustained injuries but he managed to appear before the I/O in terms of the Page No.# 3/4 interim order vide dated 09.12.2025. 7. It is submitted by the learned Additional Public Prosecutor that investigation has progressed and medical report is also available but the statements of the witnesses implicates the petitioners. 8. Nevertheless, the interim bail granted to the petitioner No. 2 vide order dated 09.12.2025 is hereby made absolute subject to the conditions – that the petitioner shall be available for the trial, if one commences and shall co-operate with the process of law. 9. In view of the stage of the case, I am inclined to grant pre-arrest bail to the petitioner No. 1. 10. Accordingly, in the event of arrest of the petitioner No. 1, he shall be released on bail in connection with Bagribari P.S. Case No. 74/2025, under Sections 62/61(2)/87/74/118(2)/332(b)/331(6)/3(5) of BNS, 2023, on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority. 11. The direction for bail is further subject to the condition(s) that the accused-petitioner No. 1 : (a) shall render cooperation with the remaining investigation; (b) shall not hamper or tamper with evidence; (c) shall not try to influence any witnesses; (d) shall be available for trial, if one commences; and (e) shall not intimidate or harass the family members of the victim. 12. Violation or breach of condition(s) shall entail cancellation of the bail. Page No.# 4/4 13. The anticipatory bail application stands allowed and disposed of. 14. Send back the case diary. JUDGE Comparing Assistant