Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010011802026
2026:GAU-AS:5929
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/145/2026 ASHIK AHMED S/O- NAJIMUDDIN AHMED, R/O- PATHORIGHAT, P.O.- PATHORIGHAT, P.S.- SIPAJHAR, DIST.- DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI,DEVABRATA SAIKIA Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 29-04-2026 Heard Mr. S. Borthakur, learned Senior Counsel assisted by Mr. D. Gogoi,
learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, Ashik Ahmed who is apprehending
Page No.# 2/3 arrest in connection with Dispur P.S. Case No. 18/2026 registered under Sections 191(1)/191(2)/191(3)/109/118(1)/324(4)/351(2) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Borthakur, learned Senior Counsel that the present petitioner is innocent and he has not committed any such offence as alleged in the FIR. However, it is a fact that there was group fight took place between two political groups and some of the persons from both the sides sustained injuries. But there is no such grievous injuries sustained by any of the person as alleged in the FIR. 5. It is submitted by Mr. Borthakur, learned Senior Counsel that the incident took place in a spur of the moment and the persons were not attacked with a pre- planned manner. However, the present petitioner after obtaining the order of interim pre-arrest bail appeared before the I.O., cooperated in the investigation of the case and his statement is also recorded accordingly. 6. However, the petitioner is still ready and willing to extend his cooperation in the further investigation of the case, if he is granted with the privilege of pre-arrest bail. 7. Mr. Borthakur, learned APP submitted in this regard that there are material against the present petitioner in the case diary. However, the injury report could not be collected by the I.O. till date though he attempted on many occasions. 8. Mr. Borthakur, learned APP further submitted that after obtaining the order of interim pre-arrest bail, the present petitioner appeared before the I.O. and his statement is also recorded. 9. Considering the submissions made by the learned counsel for the parties and also considering the materials available in the case diary, this Court is of the
Page No.# 3/3 opinion that custodial interrogation of the petitioner may not be necessary 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 petitioner. 10. In view of this, the interim bail granted to the present petitioner vide order dated 27.01.2026 is hereby made absolute on the same terms and conditions. 11.
With the above observation and direction, this pre-arrest bail application stands disposed of. 12. Return the case diary herewith. JUDGE Comparing Assistant