Page No.# 1/3 GAHC010049272026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/592/2026 SHAHID ALI AND 2 ORS. S/O LATE SHAHAR BANIA 2: ABDUR REZZAK @ REZZEK ALI S/O INTAZ ALI 3: NAZRUL HOQUE @ NAZRUL S/O HABIBUR RAHMAN ALL ARE RESIDENT OF 1 NO. MAJGAON P.S. DALGAON DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A T SARKAR, S. HUSSAIN,S R DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29-04-2026 Heard Mr. A.T. Sarkar, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing on behalf of the State Page No.# 2/3 respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, namely, (i) Shahid Ali, (ii) Abdur Rezzak @ Rezzek Ali and (ii) Nazrul Hoque @ Nazrul who are apprehending arrest in connection with Dalgaon Police Station Case No. 28/2026 registered under Sections 331(8)/103(1)/118(2)/117(2)/326(g)/ 191(3) of the BNS. 3. C.D. received. Perused the same. 4. It is submitted by Mr. Sarkar, learned counsel for the petitioners that the present accused petitioners are accused nos. 4, 8 & 9 and they have not committed any such offence as alleged in the FIR. However, it is a fact that there was a quarrel between the two groups due to a land dispute when the informant side had come to evict them from their land. A civil case is still pending between the parties and with some false and concocted allegations the FIR has been instituted against the petitioners. However, after obtaining the order of interim pre-arrest bail all the petitioners have appeared before the I.O., cooperated with the investigation and their statements were also recorded accordingly. They are still ready and willing to extend their cooperation in the further investigation of this case if they are granted the privilege of pre-arrest bail. 5. Mr. Borthakur, learned Addl. P.P. has submitted in this regard that there are sufficient incriminating materials against all the accused petitioners and from the statements of the eye witnesses as well as the victim, it is seen that they are all involved in the alleged offence and assaulted the victim as well as the Page No.# 3/3 deceased on the day of incident. Mr. Borthakur has accordingly raised objection and submitted that it may not be a fit case to enlarge the accused persons on bail at this stage. He further submitted that a post mortem examination report is also received wherefrom it is seen that the deceased has sustained grievous injuries on different parts of his body including the head injury for which he died instantly. 6. Considering the submissions made by the learned counsel for the parties and the materials available in the case diary, this Court is of the considered opinion that custodial interrogation of the present petitioners may not be necessary for the interest of the investigation. 7. In view of this, the order of interim pre-arrest bail dated 18.03.2026 is hereby made absolute with the same terms and conditions. 8. With the above observations, the present anticipatory bail petition is disposed of. JUDGE Comparing Assistant