Page No.# 1/5 GAHC010049432026 2026:GAU-AS:4292 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/550/2026 SHERAJUL HOQUE ALIAS SHERAJUL ISLAM AND 6 ORS S/O FAJAR ALI VILLAGE - HELAPAKHARI, P.S.- MORNOI, DISTRICT - GOALPARA, ASSAM 2: JIARUL HOQUE ALIAS JIARUL ISLAM S/O FAJAR ALI VILLAGE - HELAPAKHARI P.S.- MORNOI DISTRICT - GOALPARA ASSAM 3: MOKLESUR RAHMAN ALAIS MOKLESR RAHMAN S/O FAJAR ALI VILLAGE - HELAPAKHARI P.S.- MORNOI DISTRICT - GOALPARA ASSAM 4: REJAUL HAQUE S/O FAJAR ALI VILLAGE - HELAPAKHARI P.S.- MORNOI DISTRICT - GOALPARA ASSAM 5: AFZALUR RAHMAN ALAIS AFZAL HUSSAIN S/O ABUL HUSSAIN VILLAGE - HELAPAKHARI P.S.- MORNOI DISTRICT - GOALPARA ASSAM 6: AMINA KHATUN ALAIS AMINA BEGUM D/O ABUL HUSSAIN Page No.# 2/5 VILLAGE - HELAPAKHARI P.S.- MORNOI DISTRICT - GOALPARA ASSAM 7: ANJIRA KHATUN W/O JIARUL HOQUE VILLAGE - HELAPAKHARI P.S.- MORNOI DISTRICT - GOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 25-03-2026 Heard Mr. N. Uddin, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, namely, (i) Sherajul Hoque @ Sherajul Islam; (ii) Jiarul Hoque @ Jiarul Islam; (iii) Moklesur Rahman @ Moklesr Rahman; (iv) Rejaul Hoque; (v) Afzalur Rahman @ Afzal Hussain; (vi) Amina Khatun @ Amina Begum and (vii) Anjira Khatun who are apprehending arrest in connection with in connection with Mornoi P.S. Page No.# 3/5 Case No. 11/2026 registered under Sections 329(3)/118(2)/117(2)/74/3(5) of BNS. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Uddin, learned counsel that the petitioners are innocent and they have not committed any such offence as alleged in the FIR. It is a fact that on the day of incident, the informant coming in a bike hit the one co-accused Fajar Ali in front of his house wherein there was an altercation and scuffle took place between the two family members and in that process, the co- accused Fajar Ali also slapped the informant for his misbehavior and in that context there was a scuffle, but no such incident had happened as alleged in the FIR. 5. Mr. Uddin, learned counsel further submitted that the petitioners are the family members of one of the co-accused Fajar Ali and on the day of incident after the quarrel between the informant and the co-accused Fajar Ali, these petitioners being the family members came out of their house and the family members of the informant also came to the place of occurrence wherein quarrel and scuffle took place between both the parties and that apart there is no such incident had taken place as alleged in the FIR. 6. He further submitted that except some minor injuries during the scuffle no such grievous injury is caused to attract Section 118(2) of BNS, nor there is any outraging of modesty of the wife and daughter of the informant. 7. However, the petitioners are ready and willing to extend their cooperation in the further investigation of the case, if they were granted with the privilege of pre-arrest bail. 8. Mr. Borthakur, learned APP submitted in this regard that there was Page No.# 4/5 sufficient materials against the petitioners and two injury reports is also available of two victims, however, the injuries are found to be simple in nature caused by blunt object. 9. Mr. Borthakur further submitted that some kind of injuries already sustained by the victim and the case is still under investigation and hence, the prayer for pre-arrest bail may not be considered at this stage as their custodial interrogation/detention may be necessary. 10. Hearing the submissions made by the learned counsel for the parties and considering the materials available in the case diary, the nature of injuries sustained by the victim, this Court is of the opinion that custodial interrogation of the petitioners may not be required for the purpose of investigation of the case and accordingly, I find it a fit case to extend the privilege of pre-arrest bail to the petitioners. 11. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Sherajul Hoque @ Sherajul Islam; (ii) Jiarul Hoque @ Jiarul Islam; (iii) Moklesur Rahman @ Moklesr Rahman; (iv) Rejaul Hoque; (v) Afzalur Rahman @ Afzal Hussain; (vi) Amina Khatun @ Amina Begum and (vii) Anjira Khatun in connection with Mornoi P.S. Case No. 11/2026 registered under Sections 329(3)/118(2)/117(2)/74/3(5) of BNS, they shall be enlarged on pre-arrest bail on their executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners shall appear before the Investigating Officer of the case within a period of 1(one) Page No.# 5/5 week from today to enable recording of their statements; (ii) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 12. This pre-arrest bail application accordingly stands disposed of. 13. Return the case diary. JUDGE Comparing Assistant