Page No.# 1/4 GAHC010000862026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/34/2026 ROMJAN ALI AND 2 ORS. S/O FARMUJ ALI, VILLAGE-DEBOSTHAN, P.S.-MURAJHAR, DISTRICT- HOJAI, ASSAM. 2: ASAD UDDIN S/O ROMJAN ALI VILLAGE-DEBOSTHAN P.S.-MURAJHAR DISTRICT-HOJAI ASSAM. 3: FARMUJ ALI S/O LATE MASADDAR ALI VILLAGE-DEBOSTHAN P.S.-MURAJHAR DISTRICT-HOJAI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM. Advocate for the Petitioner : MD. A J ATIA, MS A H ATIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Page No.# 2/4 29.01.2026 1. Heard Mr. A. J. Atia, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (1) Romjan Ali (2) Asad Uddin and (3) Farmuj Ali, has prayed for granting pre-arrest bail, apprehending arrest in connection with Murajhar P.S. Case No. 174/2025 (GR No. 1059/25), registered under Section 326(g)/118(1) /117(2)/3(5) of BNS, 2023. 3. The FIR dated 12.09.2025 lodged by the wife of the alleged victim naming all the three petitioners herein with the allegation that on 03.09.2025 at night while her brother and his wife and son were sleeping the accused No.1 set fire on bamboo wall of their house and later on, she and her husband came out of the house whereupon the accused No.3 put a torch light on her husband’s face and at that time the accused No.1 and 2 came from behind with an iron rod and assaulted her husband causing injury and her husband became senseless. 4. Learned counsel for the petitioner submits that due to land dispute between the parties this FIR has been lodged by falsely implicating the petitioner after delay of eight dayd. It is also submitted that the petitioner No.1 is a person suffering from 80% disability and petitioner No.3 is aged about 81 years. My attention has been drawn to the copy of the disability ID annexed with the bail petition. It is further submitted that the petitioners shall co-operate with the investigation and abide by any conditions. Page No.# 3/4 5. Case diary has been received. 6. The husband of the informant who is an alleged victim has implicated the petitioners in his statement and stated on the lines narrated in the FIR. 7. However, the medical report reflects abrasion along with pain and swelling in left elbow join. Injury has been categorized simple injury due to blunt object. 8. Despite some adverse materials revealed by the investigation, keeping in mind the other aspects as discussed above, I am of the considered view that the petition can be allowed. 9. In such view of the matter, it is directed that in the event of arrest of the petitioners, named above, in connection with above mentioned case, they shall be released on furnishing bail bond of Rs.30,000/- each with a suitable surety each of the like amount, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioners: (a) Shall co-operate with the remaining investigation; (b) Shall not threaten or harm the informant and his family member. (c) Shall not hamper or tamper with the evidence of the case. (d) Shall not misuse their liberty to commit any illegal activity or offence. Page No.# 4/4 10. Accordingly, this anticipatory bail application stands allowed and disposed of. 11. Return the case diary. JUDGE Comparing Assistant