Page No.# 1/3 GAHC010073652026 2026:GAU-AS:8627 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/837/2026 SAIFUL ISLAM S/O LATE HARUN RASHID R/O VILL. CHATIANGAONP.S. JURIANOTARDIST. NAGAON, ASSAM, 782124 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : DARAK ULLAH, MS. S D HUSSAIN,D.R. AHMED,SABRISH AHMED,MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 16.06.2026 Heard Mr. S. Ahmed, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor. This is an application under Section 482 of BNSS, 2023. Page No.# 2/3 The brief fact of the case is that on 16.12.2023, informant Ahmad Ali lodged an FIR alleging inter-alia that at about 12:30 pm, the FIR named accused persons have criminally trespassed to the informant's land and when the informant and his family prevented the accused persons from doing so, then the accused persons assaulted his family members with sharp weapons and as a result of which they sustained grievous injuries and were admitted to Nagaon Civil Hospital. Based on the strength of the said FIR, the same was registered as Juria P.S. Case No. 316/23, under Section 143/147/148/447/326 IPC and later charge sheeted vide C/S No. 50/24 dated 31.03.2024 under Section 143/147/148/447/326/307 Indian Penal Code, 1860, wherein the petitioner has been shown as a charge sheeted absconder. The case is now pending for committal as some of the sections are sessions triable but due to non appearance of the accused persons, non-bailable warrant of arrest has been issued against them, including the petitioner. It is submitted that an exaggerated FIR has been lodged against the petitioner as there is a land dispute between the two sides and in this regard, one FIR was also lodged by the accused’s side against the informants side which is registered as Juria P.S. Case No. 318/2023, under Sections 143/147/148/325/326. Upon perusal of the medical report, it appears that the injuries are simple in Page No.# 3/3 nature and therefore, Sections 326/307 of Indian Penal Code may not be attracted. Having regard to the above and also to the apprehension of the petitioner that, upon the appearance, he may be remanded to custody as the some of the alleged offences are sessions triable, it is provided that the petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Arresting Authority in the event of the arrest/appearance in connection with the aforesaid case. It is further directed that the petitioner shall co-operate in the trial, if one commences against him and shall not try to intimidate or influence the witnesses in any manner. The petition stands disposed of accordingly. JUDGE Comparing Assistant