Page No.# 1/4 GAHC010081132026 2026:GAU-AS:5928 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/853/2026 FARIZ UDDIN ALIAS FARIJ UDDIN AHMED S/O LATE TERAB ALI, R/O BIDRUHIPAR, P.S. KACHUDARAM, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR P DAS, MS N BARUAH,MR K J PATHAK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29-04-2026 Heard Mr. P. Das, the learned counsel for the petitioner. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/4 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. Though the case was fixed in Motion Column but getting an opportunity of perusal of the Case Diary, it has been perused which was received in connection with other matter. 4. Mr. Das, the learned counsel for the petitioner submitted in this regard that he is innocent and no way involved in the alleged offence. He is a pity businessman and he is not even present in the village on the day of incident. However, he is the brother of accused N. 7 who is stated to be one of the main accused in the present case, his name is also mentioned in the FIR without his any involvement. He further submitted that on the day of the incident there was a public protest for the blocking of public road by the informant wherein lots of public gathered in the place of occurrence, wherein one of his brother is also present. But, without his involvement, the FIR is also lodged against him with some allegations. However, the co-accused persons have already granted pre- arrest bail and accordingly he submitted that his prayer may also be considered in the same footing and he is ready and willing to extend his cooperation in further investigation of the case. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present petitioner and also there are sufficient eye-witnesses whose statements were recorded u/s 183 BNSS during investigation, wherefrom it is also seen that all Page No.# 3/4 the accused/petitioner is 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. 6. Mr. Khalek, the learned counsel appearing for the informant submitted in this regard that the accused/petitioner is involved in the alleged offence and he 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 petitioner may be required for the purpose of investigation. 7. Hearing the submissions made by learned counsel for both sides and considering the materials available in the Case Diary, this Court is of the opinion that privilege of pre-arrest bail may be granted to the petitioner so that one opportunity may be given to the present petitioner to appear before the I/O and cooperate in the investigation. 8. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Fariz Uddin @ Farij Uddin Ahmed, 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, he shall be enlarged on pre-arrest bail on his executing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: Page No.# 4/4 (i) that the petitioner shall make himself available for interrogation by the Investigating Officer within 7(seven) days; (ii) 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 (iii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 9. The anticipatory bail application stands disposed of. JUDGE Comparing Assistant