Page No.# 1/5 GAHC010034862026 2026:GAU-AS:5931 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/403/2026 MINAL HUSSAIN ALIAS ANOWAR HUSSAIN AHMED AND ANR S/O ROFIK UDDIN @ RAFIQUE UDDIN R/O BIDRUHIPAR, P.S. KACHUDARAM, DIST. CACHAR, ASSAM 2: ALTAF HUSSAIN @ ALTAF HUSSAIN AHMED S/O ROFIK UDDIN @ RAFIQUE UDDIN R/O BIDRUHIPAR P.S. KACHUDARAM DIST. CACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR P DAS, MR K J PATHAK,MS N BARUAH Advocate for the Respondent : PP, ASSAM, Linked Case : AB/253/2026 ABBAS UDDIN AHMED ALIAS ABBAS UDDIN AND ANR S/O EKRAM ALI AHMED Page No.# 2/5 R/O VILL. BIDROHIPAR P.S. SONAI SUBDIVISION SILCHAR DIST. CACHAR ASSAM PIN 788116 2: KAMAL UDDIN AHMED ALIAS KAMAL UDDIN S/O EKRAM ALI AHMED R/O VILL. BIDROHIPAR P.S. SONAI SUBDIVISION SILCHAR DIST. CACHAR ASSAM PIN 788116 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM. ------------ Advocate for : MR. S C BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29-04-2026 Heard Mr. P. Das and Mr M. Shah, the learned counsels for the petitioners in AB 403/2026 and AB 253/2026 respectively. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent and Mr. A Khalek, the learned counsel appearing on behalf of the informant/respondent. Page No.# 3/5 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Kachudaram P.S. Case No. 53/2025, under Sections 109(1)/118(2)/190/191(2)/191(3)/329(3) of BNS, 2023, added Section 103(2) of BNS, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Das and also submitted by Mr. Shah that the present accused/petitioners are innocent and they have not committed any such offence as alleged in the FIR. However, it is a fact that these accused/petitioners were present at the relevant time of incident when all the local public gathered there in protest of blocking the public road by the informant side. But, in that context there was a quarrel took place between two groups, when the informant side came and tried to attack the accused/persons with lathi, sticks and sharp objects etc. However, it is a fact that some of the persons sustained injuries out of the said incident and unfortunately one minor also died for injury sustained by him for which Section 103(2) also added during investigation. 5. Mr. Das further submitted that the names of accused nos. 1, 2, 3 & 7, namely, Sahab Uddin Ahmed, Aminul Islam, Ataur Rahman and Raju Ahmed respectively are specifically mentioned in the FIR stating that they attacked with sharp objects to the victims and for which they sustained grievous injuries on their persons. Mr. Das further submitted that at the time of the incident the informant was present at the place of occurrence and after the said incident he lodged the FIR and wherein it is specifically described as to how the accused nos. 1, 2, 3 & 7 assaulted and caused injuries on the victims. However, after the order of pre-arrest bail all the accused/petitioners have appeared, their Page No.# 4/5 statements are recorded and they have extended their cooperation in the further investigation of this case. They are still ready and willing to extend their cooperation, if they are granted with the privilege of pre-arrest bail. 6. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present petitioners and also there are sufficient eye-witnesses whose statements were recorded u/s 183 BNSS during investigation, wherefrom it is also seen that all the accused/petitioners are involved along with the other accused/persons in the said offence. Mr. Borthakur further submitted that the FSL Report is still awaited and hence the Post Mortem Report could not be collected by the I/O till date. However, it is seen that the other victims as well as the deceased sustained grievous injuries on their persons due to the said incident. Mr. Borthakur however submitted that after obtaining the order of interim pre-arrest bail, they appeared and extended their cooperation. 7. Mr. Khalek, the learned counsel appearing for the informant submitted in this regard that all the accused/petitioners are involved in the alleged offence and they attacked the informant side with dao, sticks, bamboo, rod and with sharp object causing grievous injuries on their persons and out of which one minor also died and accordingly he raised strong objection and submitted that custodial interrogation of the present petitioners may be required for the purpose of investigation. 8. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary and it is seen that there are sufficient incriminating materials against the present accused/petitioners and some of the eye witnesses also uttered the names of all the accused/petitioners showing their Page No.# 5/5 involvement in the present case. However, there is no mention about specific role attributed to the present petitioners, though their presence were there in the place of occurrence is not disputed. Further considering the progress of the investigation, materials in the Case Diary and other aspects of the case, it is the opinion of the Court that custodial interrogation of the present petitioners may not be required and accordingly I find it a fit case to extend the privilege of pre- arrest bail to the present petitioners. 9. In view of this, the order of interim pre-arrest bail granted to the present petitioners dated 25.02.2026 and 09.02.2026 granted in AB 403/2026 and AB 253/2026 respectively are hereby made absolute with same terms & conditions. 10. With the above observations, the pre-arrest bail applications stands disposed of. JUDGE Comparing Assistant