Page No.# 1/5 GAHC010228442025 2026:GAU-AS:1809 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2452/2025 ABDUL GAFUR ALAIS GAFUR ALI AND 5 OSR SON OF LATE BHAMOR ALI SK. R/O- VILL- NOONMATI PART-1, P/O- HATIPOTA, P/S- CHAPOR, DIST- DHUBRI,ASSAM 2: AMJAD ALI R/O- VILL- NOONMATI PART-1 P/O- HATIPOTA P/S- CHAPOR DIST- DHUBRI ASSAM 3: SHAHA ALOM R/O- VILL- NOONMATI PART-1 P/O- HATIPOTA P/S- CHAPOR DIST- DHUBRI ASSAM 4: GULJAR SK ALAIS GULJAR HUSSAIN R/O- VILL- NOONMATI PART-1 P/O- HATIPOTA P/S- CHAPOR DIST- DHUBRI ASSAM 5: MOJIBAR RAHMAN R/O- VILL- NOONMATI PART-1 P/O- HATIPOTA P/S- CHAPOR DIST- DHUBRI ASSAM 6: NAZRUL ISLAM Page No.# 2/5 R/O- VILL- NOONMATI PART-1 P/O- HATIPOTA P/S- CHAPOR DIST- DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR TO THE GOVT OF ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A M KHAN Advocate for the Respondent : PP, ASSAM, MR. A F N U MOLLAH,K ZAMAN (INFORMANT),MR. A F N U MOLLAH(INFORMANT) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 10.02.2026 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A.M. Khan, learned counsel for the accused-applicants. Also heard Mr. R. J. Baruah, learned Addl. P.P., representing the State and Mr. A. F. N. U. Mollah, learned counsel for the informant. 2. This is an application under Section 482 BNSS, 2023 praying for granting pre- arrest bail to the accused applicants 1. Abdul Gafur @ Gafur Ali, 2. Amjad Ali, 3. Shaha Alom, 4. Guljar Sk @ Guljar Hussain, 5. Mojibar Rahman and 6. Nazrul Islam in connection with Chunari P.S. Case No. 05/2025 under Sections 189(4)/190/191(2)/ 117(2)/109/118(2)/103(1) of the BNS, 2023. 3. The allegation as reflected in the FIR is that on 13/09/2025, one Golam Osmani, a resident of village Kistomoni Char had lodged a written ejahar at Chunari Police Station Page No.# 3/5 alleging that on 12/09/2025 at about 6:30 AM, some persons, namely, Monowar Hussain, Abdul Sattar, Bondesh Ali, Moinuddin, Nuruddin, Akab Ali, Sahar Ali, Juran Ali & Surhab Ali went to cultivate black lentils at village Roukhowa RBNC part IV in an area of 25 bighas of land and when they were cultivating, the FIR named accused persons equipped with deadly weapons like lathis, rods, daos, swords and other sharp weapons went to the place and attacked them causing grievous injuries to all the above named persons. Two persons, namely, Monowar Hussain and Abdus Sattar @ Sattar Ali were taken to Lakhipur Hospital in critical condition but they were declared as brought dead. 4. The learned Senior Counsel appearing for the accused-applicants submits that the accused-applicants are residents of the village, namely, Noonmati Part-I, under Chapor Police Station, District Dhubri and the alleged incident occurred in the village Thanerchar, which is a Char area situated in the bank of river Brahmaputra. He submits that on the day of the incident, the alleged victim persons, named in the FIR, went to village Thanerchar with a view to grab the land of the villagers’ of Thanerchar. He submits that the aforesaid victim persons badly assaulted one Mohuruddin, an inhabitant of village Thanerchar and his other relatives who were enjoying possession of their lands. He submits that due to such assault, a clash started between two groups of the people which turned into a huge mob violence, wherein the aforesaid Mohuruddin as well as two other persons, namely, Monowar Hussain and Sattar Ali were injured and later on, died. He submits that the accused-applicants are no way linked to the aforesaid incident and they were, in fact, busy with their routine works when the incident occurred. He submits that the residences of the accused-applicants are more than 5 kms away from the place where the incident occurred. He submits that the informant, who is a relative of the aforesaid two dead persons, namely, Monowar Hussain and Sattar Ali, filed the FIR purely on suspicion of the accused-applicants being involved in the clash. He further submits that the informant has named all the male members of the village as Page No.# 4/5 accused persons in the FIR, without verifying the facts. He submits that the accused- persons are respectable citizens of the village Noonmati Part-I and they will co-operate with the investigation. Therefore, he prays that the accused-applicants be allowed to go on bail with whatever conditions this Court imposes and the same shall be duly complied with by the accused-applicants. 5. On the other hand, Mr. R. J. Baruah, learned Addl. P.P., vehemently objects to granting any bail to the accused-applicants, submitting that there are enormous incriminating materials against the accused-applicants available in the Case Diary. He has referred to the statements of the victims as well as some independent witnesses to support his submission. He submits that due to the involvement of the accused- applicants, two persons have lost their life and the crimes committed by the accused- applicants are of heinous nature, wherein, various weapons including daos, lathis and other materials have been used. In view of the aforesaid, he objects to granting of any bail to the accused-applicants at this stage. 6. Mr. A. F. N. U. Mollah, the learned counsel appearing for the informant submits that the involvement of the accused-applicants cannot be denied, as the same have already been pointed out by the learned Addl. Public Prosecutor based on the materials available in the Case Diary. Therefore, he opposed the granting of bail to the accused- applicants. 7. The Case Diary in the instant case has been produced before this court by the learned Addl. Public Prosecutor and the same has been perused. 8. Having found sufficient prima facie incriminating materials relating to involvement of the accused-persons, namely, Amjad Ali (accused-applicant no.2), Shaha Alom (accused-applicant no. 3), Guljar Sk @ Guljar Hussain (accused-applicant no. 4) and Nazrul Islam (accused-applicant no. 6), this Court rejects the prayer of anticipatory bail of the aforesaid accused-persons. However, in respect of Abdul Gafur @ Gafur Ali, (accused-applicant no. 1) and Mojibar Rahman (accused-applicant no. 5), this Court is Page No.# 5/5 of the opinion that they can be granted anticipatory bail at this stage. Accordingly, the aforesaid Abdul Gafur @ Gafur Ali, (accused-applicant no. 1) and Mojibar Rahman (accused-applicant no. 5), if arrested by the investigating authority, shall be granted pre- arrest bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: - (1) That the accused-applicant nos. 1 & 5 shall appear before the Investigating officer within a period of 7(seven) days of passing of this order. (2) The accused-applicant nos. 1 & 5 shall neither hamper the investigation nor tamper with any evidence nor influence any witnesses connected with the case and shall appear as and when called for and fully co-operate in the investigation of the case. 9. In view of the aforesaid directions, the instant Bail Application is disposed of as partly allowed. 10. Case Diary to be sent back immediately. JUDGE Comparing Assistant