Page No.# 1/3 GAHC010046372026 2026:GAU-AS:4314 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./661/2026 SEHER ALI S/O. LT. KANMUJA ALI, R/O. VILL.- PACHANIA AARA, PS/ AZARA, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S HAQUE, MR. A E HUSSAIN,MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 25.03.2026 1. Heard Ms. F. Hasan, learned counsel appearing for the accused petitioner as well as Mr. K. Baishya, learned Addl. P.P., Assam appearing for the State respondent. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Seher Ali, has prayed for bail in connection with Azara P.S. Case No. 23/2026 under Section 61(2) (a)/190/191(2)/191(3) /109(1)/121(2)/117(4)/132/324(4) of BNS, 2023. 3. The petitioner was arrested on 02.03.2026. Page No.# 2/3 4. The learned counsel has taken the court through the FIR dated 28.02.2026. The gist of the allegations is that on 27.02.2026, on verbal instructions of the Circle Officer, Azara, one revenue team went to Kamargaon village for serving eviction notices on certain families purportedly occupying Government land illegally and when they reached the residence of one Md. Mozammil Ali, they were resisted by an unruly mob leading to altercation and obstruction in carrying out their duties. 13(thirteen) persons are named in FIR. 5. The learned counsel submits that with regard to the same incident, another FIR was lodged on 27.02.2006 by Inspector Khanindra Chandra Nath. The gist of the allegations is that on 27.02.2026, the revenue team went for servicing eviction notice to the area Kamargaon and Pachaniapara and when they reached, they were resisted by unruly mob creating a situation and that they were also attacked with lathi and stones. 6. It is submitted that with regard to the FIR dated 2702.2026, case was registered as Azara P.S. Case No. 22/2026, in which the learned court below pleased to grant bail on technical grounds due to non-compliance with the notices under Section 47/48 BNSS. 6. The petitioner was granted interim bail on 11/3/2026 upon prima facie satisfaction that both the FIRs have arisen out of the same allegations and after noticing the settled principles in the case of T. T. Antony v. State of Kerala @ Ors reported in (2001) 6 scc 181. 7. It is well settled that there cannot be more than one FIR with regard to the same incident, unless they are by way of cross-cases and that any subsequent information from the same side could be in the nature of the police statement. 8. Case diary is received pertaining to Azara PS case No. 23 of 2026. It has come to notice that Azara PS case No. 22 of 2026 was registered based on an FIR dated 27.02.2026 and a copy of the same has been annexed at page 37 of the bail petition. 9. From perusal of the said FIR, it is clear that both the FIRs pertain to the same incident and lodged from the same side, but a by different person. As already mentioned earlier, with regard to Azara PS Case No. 22 of 2026, the petitioners were released on bail by the learned court below vide order dated 28.02.2026 passed by the learned CJM, Kamrup(M) mainly on the ground of non-compliance with the statutory notices required to be given at the time of Page No.# 3/3 the arrest. 10. Learned counsel for the petitioners submits that as per instructions, the co-accused of the present case have also been enlarged on bail. 11. In the given facts and circumstances, it appears that prima facie both the cases have arisen out of the same incident and perhaps the second FIR may be required to be amalgamated with the earlier one in due course. 12. I have also seen the progress of investigation revealed by the case diary. 13. In the given facts and circumstances and in the backdrop of the above discussion, I am of the considered opinion that it would not be in the interest of justice to cancel the interim bail which was granted upon prima facie satisfaction vis-à-vis the principles laid down in T. T. Antony (supra). 14. According, in such view of the matter, the interim bail passed on 11.03.2026 is hereby made absolute subject to the conditions that the petitioners: (a) shall co-operate the remaining investigation. (b) shall not hamper or tamper with the evidence (c) shall not commit any illegal activities including any activities in breach of peace and law and order. 15. Violation or breach of any conditions(s) shall entail cancellation of bail. 16. Return the case there. 17. Accordingly the bail petition stands allowed and disposed of. JUDGE Comparing Assistant