Page No.# 1/4 GAHC010273052025 2026:GAU-AS:159 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2917/2025 FAKHRUL ISLAM AND ANR S/O JALAL UDDINRESIDENT OF VILLAGE BARPAKA,P.O TARABARI, P.S- RUPOHIHATDISTRICT NAGAON, ASSAM, PIN782125 2: JAHIRUL HAQUE @ JAHJIRUL ISLAM S/O JALAL UDDIN RESIDENT OF VILL- BARPAKA P.O. TARABARI P.S. RUPOHIHAT DIST. NAGAON ASSAM PIN-782125 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S DEWRI, MR A DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 06.01.2026 1. Heard Mr. S. Dewri, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023, the petitioner, namely, Fakhrul Islam and Jahirul Haque @ Jahirul Islam, has prayed for granting pre-arrest bail, apprehending arrest in connection with PRC Case No. 441/2025, arising out of Rupahihat PS Case No. 33/2023 registered under Section 120(B)/147/148/149/326 /302 of BNS, 2023. 3. The case is stated to be at the stage of appearance before the learned CJM, Nagaon and in the charge-sheet the present two petitioners have been indicated as absconders. Eleven accused persons were named in the FIR dated 20.01.2023 with the allegation that between the accused persons and the informant husband, Sirajul Islam some land dispute was going on and on faithful day by a planned conspiracy, he was called to the market where he was assaulted by accused Nos. 2, 3, 4, 5 and 6. Despite trying to escape, he was again assaulted on various parts of the body and though he was taken to hospital but he died in hospital during treatment. 4. In bail order dated 25.04.2023 passed in AB 1242/2023 has drawn attention to para. 8 in which the court after recording the statements of two witnesses under 164 Cr.P.C has observed that those statements do not implicate the two petitioners who were before the court in that petition and also observe that the witnesses make allegations against one Basirul Islam. 5. The petitioner has also submitted that out of the FIR name accused persons Basirul Islam, Arfan Ali and Rabul Hussain have been granted regular bail. 6. The learned Additional Public Prosecutor after perusing the aforesaid statements available in the scanned record also confirms that there is no Page No.# 3/4 implication in the said statements. However, it is submitted that components of the case diary pertaining to police statements are not available. 7. It is submitted by the learned counsel that out of the 11 FIR named accused persons charge-sheet has been submitted against 7 accused persons. The present two petitioners are indicated as absconders and seeking pre-arrest bail herein; the others have already got bail – three have got regular bail and the other two have got pre- arrest bail. 8. In the entire fraction circumstances, despite the serious nature of the allegations and considering the stage of the case, I allow this bail petition. 9. Accordingly, it is directed that in the event of arrest of the petitioners, named above, in connection with above mentioned case, they shall be released on furnishing bail bond of Rs.30,000/- each with a suitable surety each of the like amount, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioners: (a) Shall appear before the learned court below and co-operate with the trial; (b) Shall not intimate or harass the informant and the witnesses. (c) Shall not hamper or tamper with evidence of the case. 10. Violation of any of the bail condition shall entail cancellation of bail. Page No.# 4/4 11. Accordingly, this anticipatory bail application stands allowed and disposed of. 12. Return the case diary. JUDGE Comparing Assistant