Page No.# 1/4 GAHC010140712026 2026:GAU-AS:9904 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1547/2026 OWAHAB ALI AND 2 ORS. S/O LATE ALI BOSCO, R/O GELLEPARA, P.S. SORBHOG, DIST. BARPETA, ASSAM. 2: MERINA BEGUM W/O OWAHAB ALI R/O GELLEPARA P.S. SORBHOG DIST. BARPETA ASSAM. 3: PARVEEZ WAHAB ALI S/O OWAHAB ALI R/O GELLEPARA P.S. SORBHOG DIST. BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20-07-2026 Heard learned counsel Mr. M. Khan for the petitioners, 1. Owahab Ali, 2. Merina Begum and 3. Parveez Wahab, who have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Sorbhog Police Station Case No. 54/2026 under Sections 115(2)/117(2)/118(1)/3(5)/331(2)/351(2)/62/74 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard learned Additional Public Prosecutor Mr. M.P. Goswami for the respondent State. 3. The allegation against the petitioners is that the petitioners have assaulted Osman Ali and Momi Bora, causing grievous injuries, with intent to commit murder. 4. Learned Additional Public Prosecutor Mr. M.P. Goswami has raised serious objection, stating that there are incriminating materials in the Case Diary against the petitioner. The victims have sustained grievous injuries. 5. Learned counsel for the petitioners has submitted that there is a cross case filed by the petitioners against Manakh Jyoti Ali, Momi Bora and Osman Ali as on the day of incident i.e. on 25.05.2026, there was scuffle between both the parties and both the parties have sustained injuries. Page No.# 3/4 6. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Indeed, there are incriminating materials in the Case Diary against the petitioners. The victim Osman Ali has sustained grievous injuries on his parietal region and two incisors were uprooted. Seen the medico- legal report of the victim. After scrutinizing the Case Diary and without discussing on the merits of the evidence, the prayer for bail of the petitioner Owahab Ali, is rejected at this stage. 7. The other two petitioners Merina Begum and Parveez Wahab’s prayer for pre-arrest bail is allowed. 8. In the event of their arrest, the petitioners, Merina Begum and Parveez Wahab shall be enlarged on pre-arrest bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioners No. 2 and 3 shall appear before the Investigating Officer within one week and cooperate with the investigation. (ii) the petitioners No. 2 and 3 shall refrain from such activities with which they are alleged, (iii) the petitioners No. 2 and 3 shall appear before the Investigating Officer on every fortnight till completion of the investigation and, (iv) the petitioners No. 2 and 3 shall not exercise threats to the witnesses. 9. On breach of any of the bail conditions, anticipatory bail application shall Page No.# 4/4 stand cancelled. 10. In terms of the above observation, this anticipatory bail application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant