Page No.# 1/5 GAHC010094742026 2026:GAU-AS:9170 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1023/2026 ANAR UDDIN ALIAS ANAR UDDIN AHMED AND 7 ORS. S/O LATE MONORUDDIN KOTA @ MANORUDDIN 2: JILLUL HOQUE SON OF JAMALUDDIN 3: MOINUL HOQUE SON OF JAMALUDDIN 4: MUTALEB ALI @ RIYAJUL HOQUE S/O BASIRUDDIN 5: AINUL HOQUE SON OF LATE MONORUDDIN KOTA @ MANORUDDIN 6: HASIBUL @ HASIBUR HOQUE SON OF SAHA ALI 7: INAMUL HOQUE @ HAMIDUR ISLAM SON OF BASIRUDDIN 8: HABIJA BEGUM WIFE OF MOINUL HOQUE ALL ARE RESIDENT OF VILL- PADUPURI P.S. DALGAON DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM REP . BY THE PP, ASSAM Page No.# 2/5 Advocate for the Petitioner : MR M HOQUE, Advocate for the Respondent : PP, ASSAM, MS. S K LASKAR(INFORMANT),MR. A K AZAD(INFORMANT),MR M HUSSAIN(INFORMANT),MR. N HAQUE(INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 24.06.2026 1. Heard learned Senior Counsel Mr.T.J. Mahanta assisted by Mr. M. Hoque, learned counsel for the petitioners and learned Addl.Public Prosecutor Mr.K.K. Parashar for the State respondent. Also heard Mr. A.K.Azad, learned counsel for the informant. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, 1. Anar Uddin @ Anar Uddin Ahmed 2. Jillul Hoque, 3. Moinul Hoque, 4. Mutaleb Ali @ Riyajul Hoque 5. Ainul Hoque, 6. Hasibul @ Hasibur Hoque, 7. Inamul Hoque @ Hamidur Islam and 8. Habija Begum praying for pre-arrest bail apprehending arrest in connection with Dalgaon P.S. Case No. 49/2026 under Sections 109/117(2)/118(2)/190 of BNS 2023. 3. It is submitted on behalf of the petitioners that the petitioners Nos. 1, 4, 5, 6, 7 and 8 have been granted interim bail by this Court vide order dated 19.05.2026, whereas, the petitioner Nos. 2 and 3, namely, Jillul Hoque and Moinul Hoque were not granted interim bail by the aforesaid order. 4. It is submitted that the injured persons Matiur Rahman and Sahar Ali have sustained grievous injuries is a false allegation. It is admitted that there was a group clash, and both the parties were involved in the group clash. As a result of these clashes, both the parties have sustained injuries. Page No.# 3/5 5. Learned Addl.Public Prosecutor and the learned counsel for the informant have raised serious objections stating that the medical report clearly reveals that the injured persons Matiur Rahman as well as Tasibur Rahman, the informant have sustained injuries. In fact, Tasibur Rahman has sustained grievous injury and he is unable to drive his car. 6. It is also submitted by the learned counsel for the informant that after the order of interim bail dated 19.05.2026, the petitioners have also threatened the victim and the informant and another FIR has been filed by the victim against the petitioners on 12.06.2026. 7. I have also scrutinized the case diary. 8. Indeed there are incriminating materials in the Case Diary against all the petitioners. It is a fact that the informant, Tasibur Rahman has sustained grievous injuries and his hand is fractured. The injured person, Matiur Rahman has sustained a simple cut injury on his brow. However, I have considered the submissions that the petitioners are willing to co-operate with the remaining part of the investigation and to abide by any stringent conditions if imposed upon them. It is submitted that both the parties are neighbours and the petitioners are not a flight risks. 9. Considering all aspects, the interim order dated 19.05.2026 granting interim bail to the petitioner Nos., 1, 4, 5, 6, 7 and 8 is hereby made absolute. The petitioner Nos. 2 and 3, namely, Jillul Hoque and Moinul Hoque are granted anticipatory bail. 10. Accordingly, the petitioners Jillul Hoque and Moinul Hoque, shall be released on pre-arrest bail in the event of their arrest on furnishing bail bond of Page No.# 4/5 Rs.30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority. 11. All the petitioners are enlarged on pre arrest bail subject to the following conditions: i) All the petitioners shall refrain from such activities of which they are alleged, ii) All the petitioners shall not exercise threats to the witness or try to influence them, iii) All the petitioners shall appear before the I.O. on every fortnight till completion of investigation and iv) All the petitioners shall not leave the jurisdiction of the Court without prior permission. 12. On breach of any of the above conditions, pre-arrest bail granted to the petitioners shall automatically stand cancelled. 13. In terms of the above observations, the pre-arrest bail application stands disposed of. 14. Send back the Case Diary. JUDGE Page No.# 5/5 Comparing Assistant