Page No.# 1/5 GAHC010087772026 2026:GAU-AS:6971 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/925/2026 FOKAR UDDIN ALIAS FOKOR UDDIN S/O- LATE.ABDUL SURAT 2: NAZIR HUSSAIN ALIAS NOZIR HUSSAIN S/O- SYED AHMED ALIAS SOID AHMED 3: SEBUL HUSSAIN ALIAS SEBUL AHMED SEBUL HUSSAIN ALIAS SEBUL AHMED 4: AZAD HUSSAIN S/O- KHOIRUL ISLAM ALL ARE RESIDENT OF VILL- SRIKONA PT-II PIN-788026 P.S.-SILCHAR CACHAR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM. ------------ Advocate for : DARAK ULLAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Page No.# 2/5 Date : 20.05.2026. Heard Mr. D. Ullah, learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Addl. P.P., Assam appearing on behalf of the State respondent. This is an application u/s 482 of the BNSS, 2023 for granting pre-arrest bail to the accused/petitioners, namely, (1) Fokar Ahmed @ Fokor Uddin, (2) Nazir Hissain @ Nozir Hussain, (3) Sebul Hussain @ Sebul Ahmed and (4) Azad Hussain, in connection with Silchar P.S. Case No. 275/2026, under Sections 103(1) of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. Ullah, the learned counsel for the petitioners submitted in this regard that the present FIR has been lodged with some false and concocted allegations against the present petitioners along with some others. He further submitted that during the time of incident, accused persons who are stated to be working as masons and labourers in the house of the brother of the accused person No.5 were not working as the construction work was stopped. The learned counsel further submitted that the pond wherein the unfortunate incident had happened is a public pond wherein other villagers also used to take bath including the family members of the informant. On the day of incident, accidently the deceased fell down in the pond and died only due to drowning and on the same day of incident, the father of the deceased i.e. the informant gave the information in the police station regarding the death of his son due to drowning, on the basis of which one UD Case has also been registered and investigated the case. But thereafter, the informant demanded some money Page No.# 3/5 from the owner of the pond stating that he being the owner of the pond, has to give some compensation and as he refused to give such compensation, the informant after one month and eight days of the incident, has lodged the FIR with the false allegation of murder of his son. Accordingly, it is submitted that the actual fact of the case is that the deceased died when he went to take bath in the pond and accidently fell down and died due to drowning. The learned counsel further submitted that they were working as masons and labourer in the construction of house of the brother of the accused No.5 but at the relevant time of incident, the construction work was stopped and no construction work was going on in the house of brother of the accused No.5. The present petitioners are not at all involved in the alleged offence and it was purely an accidental death wherein the deceased fell down in the pond accidently and died by drowning. However, the present petitioners are ready and willing to cooperate with the investigation of the case, if he is granted with the privilege of pre-arrest bail. Mr. Sarma, the learned Addl. P.P., Assam submitted in this regard that as per the post mortem report and the statement of the eye witnesses, the deceased died due to drowning and the injury marks which were found on the body of the deceased were only due to dashing against some rough surfaces, as there were guard walls around the pond. He further submitted that a detail inquiry was done by the I.O., wherein it is specifically mentioned as to how the deceased slipped while he was taking bath and died due to drowning. More so, the injuries which have been sustained by the deceased cannot be the cause of his death and it is exclusively for the drowning. Page No.# 4/5 Considering the entire submissions made by learned counsel for both sides, I find that it to be a fit case to extend the privilege of pre-arrest bail to the present accused petitioners. Accordingly, the interim bail granted to the accused petitioner No.2, namely, Nazir Hissain @ Nozir Hussain on 07.05.2026 is hereby made absolute in the same terms and conditions. In so for the remaining three accused petitioners are concerned, tt is provided that in the event of their arrest in connection with the said Silchar P.S. Case No. 275/2026, they will be enlarged on pre-arrest bail on executing a bond of Rs. 20,000/- (Rupees twenty thousand) only, with one surety of like amount for each of them, to the satisfaction of the arresting authority, subject to the following conditions:- (i) that the petitioners will make themselves available for interrogation by the Investigating Officer within 7 (seven) days; (ii) that the petitioners will fully co-operate with the investigation of the case and will appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and (iii) that the petitioners will not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer. Page No.# 5/5 With the above observation and direction, the present anticipatory bail petition stands allowed and disposed of. JUDGE Comparing Assistant