Page No.# 1/4 GAHC010070422026 2026:GAU-AS:7673 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/761/2026 AKKEL ALI AND 2 ORS S/O LATE JOYANUDDIN SK 2: MAHMUDUL HOQUE ALIAS MAHMUDUL ISLAM S/O LATE JOYANUDDIN SK 3: SK ABU SAYED ALIAS SAYED ALI S/O LAE JOYANUDDIN SK ALL ARE RO VILL. NOONMATI PART I P.S. CHAPAR DIST. DHUBRI ASSAM VERSUS THE STATE OF ASSAM RERESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. T J MAHANTA, MR Z RAHMAN,MR T T MONI,MR. A M KHAN Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. ANJAN MONI KALITA -ORDER- 02.06.2026 Heard Mr. T. J. Mahanta, learned Senior Counsel assisted by Mr. A. M. Khan, learned counsel appearing for the accused applicants. Also heard Mr. B. Page No.# 2/4 Sarma, learned Addl. PP for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused applicants in connection with Chunari P.S. Case No. 05/2025 under Sections 189 (4)/190/191/(2)/117/ (2)/109/118 (2)/103 (1) of the BNS, 2023. 3. The allegations as reflected in the FIR is that on 13.09.2025, one Golam Osmani, a resident of village Kistomoni Char had lodged a written FIR at Chunari Police Station alleging that on 12.09.2025 at about 06.30 AM, some persons, namely, Monowar Hussain, Abdul Sattar, Bondesh Ali, Moinuddin, Nuruddin, Akab Ali, Sahar Ali, Juran Ali & Surhab Ali went to cultivate black lentils at village Roukhowa RBNC part-IV in an area of 25 bighas of land and when they were cultivating, the accused persons equipped with deadly weapons like lathis, rods, daos, swords and other sharp weapons went to the place and attacked them causing grievous injuries to all above named persons. Two persons, namely, Monowar Hussain and Abdus Sattar @ Sattar Ali were taken to Lakhipur Hospital in critical condition but they were declared as brought dead. 4. On receipt of the FIR, the Police Registered the Chunari P.S. Case No. 05/2025 under the aforementioned sections. 5. Mr. T. J. Mahanta, the learned Senior Counsel appearing for the accused applicants submits that the accused applicants are no way linked to the aforesaid incident that has been narrated in the FIR. He submits that though there was a group clash, the accused applicants were not present in the place and their names might have cropped up as they belong to the same village. He submits that the accused applicants, if required will fully cooperate with the Page No.# 3/4 investigation and therefore, at this stage, the accused applicants should be granted the privilege of pre-arrest bail. 6. The Case Diary in the instant case has been produced and the same has been perused by this Court. 7. Mr. B. Sarma, learned Addl. PP opposes the prayer for grant of pre-arrest bail to the accused aplicants stating that the 2 (two) persons have been brutually killed during the aforesaid group clash. 8. After taking into account the materials available before this Court including the statement of the witnesses, this Court is of the considered opinion that the accused applicants should be granted pre-arrest bail, at this stage. Accordingly, it is directed that in the event of arrest of the accused applicants, namely (i) Akkel Ali, (ii) Mahmudul Hoque @ Mahmudul Islam and (iii) Sk Abu Sayed @ Sayed Ali in connection with Chunari P.S. Case No. 05/2025, they shall be released on pre-arrest bail on furnishing a bail bond of Rs.30,000/- each, with a suitable surety of like nature to the satisfaction of the arresting authority subject to the following conditions:- (i) that the accused applicants shall appear before the I.O. of the case within a period of 10 days from the date of passing of this order; (ii) that the accused applicants shall cooperate with the investigation and shall make themselves available as and when called by the I.O. of the case; and (iii) that the accused applicants shall not try to influence and Page No.# 4/4 disuade any of the witnesses connected to the instant case. In terms of the above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant