Page No.# 1/3 GAHC010035412026 2026:GAU-AS:8878 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./530/2026 ALAL UDDIN AND 3 ORS. S/O LT SAFIR UDDIN, R/O VILL SONAIBERA GAON, PS JURIA, DIST NAGAON, ASSAM 2: FAKAR UDDIN ALIAS FAKAR UDDIN ALI AHMED S/O LT SAFIR UDDIN R/O VILL SONAIBERA GAON PS JURIA DIST NAGAON ASSAM 3: AFAJ UDDIN S/O LT SAFIR UDDIN R/O VILL SONAIBERA GAON PS JURIA DIST NAGAON ASSAM 4: JAMIR UDDIN S/O LT SAFIR UDDIN R/O VILL SONAIBERA GAON PS JURIA DIST NAGAON ASSA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,A MISHRA,SAMIM RAHMAN,MR. SURAJIT DAS Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 19.06.2026 1. Heard Mr. S. Nawaz, learned counsel for the petitioners as well as Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. 2. By this petition under Section 483 BNSS, the accused-petitioners, namely, (1) Alal Uddin (2) Fakar Uddin (3) Afaj Uddin and (4) Jamir Uddin who were arrested on 12.02.2026 in connection with Juria PS Case No. 21/2026 under Section 103(1)/3(5) of BNS, 2023. 3. It is submitted by Mr. Nawaz, the learned counsel for the petitioners that one FIR had been initially lodged by one Mizanur Rahman alleging that one accused namely Junaid Ahmed along with two unknown persons came to the residence of his niece Semim Akhtar on 10.01.2026 and they tried to drag the victim girl Semim Akhtar and when his uncle namely, Jiyabur Rahman raised objection they dragged him into an auto rickshaw, hit him on his head and fled away by throwing the said victim from their auto and subsequently he died out of the said incident. Initially a case was registered u/s 109 BNSS and subsequently out of his death, on the prayer made by the I/O, the case is registered u/s 103 IPC. The earlier FIR was lodged on 11.01.2026 immediately after the date of incident on 10.01.2026. But, subsequently another FIR was lodged by the wife of the deceased alleging that 6 nos. of accused/persons were Page No.# 3/3 found near the injured i.e. her husband. But, subsequently he was referred to Rahman Medical Hospital and subsequently he died. But the said FIR was lodged only on 19.01.2026 i.e. after 9 days of the said occurrence. Both the FIRs are being now registered u/s 103 IPC and all the present accused/petitioners are arrested on the basis of the subsequent FIR which is lodged by the wife of the deceased. 4. Case diary as called for has been received. 5. Upon perusal of the said case diary it is submitted by learned Additional Public Prosecutor that there is material against the petitioner nos. 1 and 2. 6. Mr. S. Nawaz, learned counsel for the petitioner has taken the Court through the arrest memos and notices under Section 47/48 BNSS furnished to the petitioners. 7. Upon perusal of the said notices, it is evident that none of the arrest memos or notices furnished to the petitioners disclose the grounds of arrest. The above being in clear violation of the statutory mandates as well as the directions of the Apex Court in Vihaan Kumar Vs. The State of Haryana & Anr. (2025) 5 SCC 799 the petitioners are entitled to bail. 8. Accordingly, the order of interim bail dated 23.02.2026, is hereby made absolute, upon the same conditions. 9. Petition stands disposed of. JUDGE Comparing Assistant