Page No.# 1/3 GAHC010049362026 2026:GAU-AS:4288 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./741/2026 FAJAR ALI S/O LATE ASHAN ALI VILLAGE - HELAPAKHARI, P.S.- MORNOI, DISTRICT - GOALPARA, ASSAM 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 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Fajar Ali who has been arrested in connection with Mornoi P.S. 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. Page No.# 2/3 4. It is submitted by Mr. Uddin, learned counsel that the petitioner is innocent and he has 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 present petitioner in front of his house wherein there was an altercation and scuffle took place between the two family members and in that process, the petitioner 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. 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. The accused petitioner is in custody since 27.02.2026, thus the I.O. got sufficient opportunity to interrogate him, keeping him in custody and hence, his further custodial interrogation may not be necessary for the purpose of investigation. 6. Mr. Borthakur, learned APP submitted in this regard that there was sufficient materials against the petitioner with whom initially the incident had happened and two injury reports is also available of two victims, however, the injuries are found to be simple in nature caused by blunt object. 7. 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 bail may not be considered at this stage. 8. 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 further custodial interrogation/detention of the petitioner may not be required for the purpose of investigation of the case and accordingly, I find it a fit case to extend the Page No.# 3/3 privilege of bail to the petitioner. 9. Accordingly, the accused/petitioner, namely, namely, Fajar Ali, be released on bail in connection with Mornoi P.S. Case No. 11/2026 registered under Sections 329(3)/118(2)/117(2)/74/3(5) of BNS on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned CJM, Goalpara subject to the following conditions:- (i) that the petitioner 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 (ii) that the petitioner 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. 10. With the above observation and direction, this bail application stands disposed of. 11. Return the case diary herewith. JUDGE Comparing Assistant