Page No.# 1/4 GAHC010085292026 2026:GAU-AS:7668 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/905/2026 AMJAD ALI S/O LATE OSUMUDDIN SK VILL- NOONMATI PART-I, P.O. HATIPOTA, P.S. CHAPOR, DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR TO THE GOVT. OF ASSAM Advocate for the Petitioner : MR. N J DUTTA, MD. S ALI,MR S PRODHANI Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. ANJAN MONI KALITA -ORDER- 02.06.2026 Heard Mr. N. J. Dutta, learned counsel appearing for the accused applicants. Also heard Mr. B. Sarma, learned Addl. PP for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for Page No.# 2/4 grant of pre-arrest bail to the accused applicant 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. N. J. Dutta, the learned Senior Counsel appearing for the accused applicant submits that though the name of one Amjad Ali, S/o Kusumuddin has been named in the FIR, the aforesaid Amjad Ali is a different person and the present applicant whose name is also Amjad Ali/ S/o Late Osumuddin Sk was not present when the aforesaid group clash occurred on 12.09.2025. He submits that, in fact, the accused applicant was present at Tilapara market which is about 20 KM away from the place of occurrence wherein the group clash had occurred. He submits that the accused applicant is no way linked to the aforesaid incident that has been narrated in the FIR. He submits that though Page No.# 3/4 there was a group clash, the accused applicant was not present in the place and his name might have cropped up as they belong to the same village. He submits that the accused applicant, if required, will fully cooperate with the investigation and therefore, at this stage, the accused applicant 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 aplicant 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 applicant should be granted pre-arrest bail, at this stage. Accordingly, it is directed that in the event of arrest of the accused applicant, namely, Amjad Ali in connection with Chunari P.S. Case No. 05/2025, he shall be released on pre-arrest bail on furnishing a bail bond of Rs.30,000/- with a suitable surety of like nature to the satisfaction of the arresting authority subject to the following conditions:- (i) that the accused applicant 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 applicant shall cooperate with the investigation and shall make himself available as and when called by the I.O. of the case; and Page No.# 4/4 (iii) that the accused applicant shall not try to influence and 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