Page No.# 1/4 GAHC010081402026 2026:GAU-AS:6453 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/856/2026 SAHER ALI AND 2 ORS. S/O LATE ASURUDDIN SK, R/O VILL DEBATTAR KHOPATI PART III, PS KAZIGAON, DIST KOKRAJHAR, ASSAM 2: SAHAJUL SK S/O LATE ASURUDDIN SK R/O VILL DEBATTAR KHOPATI PART III PS KAZIGAON DIST KOKRAJHAR ASSAM 3: OMAR ALI S/O LATE SUKUR ALI R/O VILL MODATI PART I PS KAZIGAON DIST KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A MISHRA,MD A RAHMAN,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA Page No.# 2/4 ORDER Date : 11-05-2026 Heard Mr. A Mishra, the learned counsel for the petitioners. Also heard Mr. B Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioners in connection with Kazigaon P.S. Case No. 03/2026 u/s 126(2)/117(2)/118(1)/118(2)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Mishra 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 a mutual marpit took place between the two groups regarding some business transaction wherein both the parties sustained injuries. That apart, there is no such incident took place as alleged in the FIR. However, the petitioners are ready and willing to co-cooperate in the investigation of this case, if they are granted the privilege of pre-arrest bail. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted that all the victims/injured had implicated the present petitioners showing their involvement in the alleged offence. He further submitted that one of the victim sustained some minor injuries but the other victim sustained some fracture injury on his ankle which is a grievous injury. Further, he submitted that the accused/petitioner no. 1 Saher Ali has earlier criminal antecedent and he is an Page No.# 3/4 accused of a case registered under Kazigaon P.S. Case No. 33/2025, which has already been charge-sheeted u/s 87 of the BNS. Mr. Sharma accordingly raised objection and submitted that custodial interrogation may be required for the interest of the investigation. Further, Mr. Sharma submitted that the victim/injured Soafaullah was admitted to the hospital for his injury on 20.01.2026 and discharged on 26.01.2026. 6. Hearing the submission made by learned counsel for both sides, I have also perused the Case Diary and it is a fact that some of the witnesses as well as the injured implicated the present petitioners and alleged that they have assaulted the victims. However, considering the nature of injury sustained by the victim and other relevant materials available in the Case Diary, this Court is of the opinion that custodial interrogation may not be necessary for the interest of investigation. In view of this, all the three petitioners are hereby grated the privilege of pre-arrest bail. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, [1] Saher Ali [2] Sahajul Sk and [3] Omar Ali, they shall be enlarged on pre-arrest bail on their executing a bond of Rs. 30,000/- (Rupees Thirty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer within 7(seven) days; (ii) that the petitioners 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 Page No.# 4/4 P.S. case; and (iii) that the petitioners 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/them from disclosing such facts to the Court or to any police officer. 8. The anticipatory bail application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant