GAUHATI HIGH COURT ISSUES ORDER ON HABIBUL RAHMAN AND 4 ORS V/S THE STATE OF ASSAM

GUWAHATI, India, Sept. 25 -- Gauhati High Court issued the following order on Aug. 26:

1. Heard Mr. A.A.R. Karim, learned counsel for the petitioners and Ms. S.H. Borah, learned Add. Public Prosecutor for the State respondent.

2. By this application, the petitioners have prayed for pre-arrest bail in connection with Tamarhat Police Station Case No. 69/2025 registered under Sections 189(2)/329(3)/296/117(2)/ 118(2)/351(3) of the BNS, 2023 corresponding to GR No. 1029/2025.

3. The FIR dated 05.07.2025 lodged by the victim reveals that on 05.07.2025 owing to the quarrel relating to the boundary, the petitioners are alleged to have attack the victim and her family members with sharp weapons and had caused injury.

4. Mr. A.A.R. Karim, learned counsel for the petitioners submits that the quarrel is related to boundary between two families and the victim and the accused persons are all relatives.

5. Mr. A.A.R. Karim, learned counsel has also placed one Order dated 05.08.2025, by which the learned Sessions Judge had enlarged similarly situated persons on bail.

6. S.H. Borah, learned Add. Public Prosecutor for the State respondent however submits that the facts are different in relation to the accused persons and that the Case Diary would reveal the actual assault made by the parties.

7. I have heard the learned counsels for the parties and have gone through the records.

8. It is seen that the quarrel is between the relatives of one family over the land dispute and there is also cross FIR lodged by one Sh. Kasem Ali.

9. In view of the same, this Court finds it fit to release the petitioners on interim bail on furnishing bail bond of Rs. 20,000/- each with 2 local sureties of like amount to the satisfaction of the arresting authority under the following conditions:-

1) They will not temper with the evidence or influence any other witnesses.

2) They will co-operate with the investigation and would appear before the Investigating Officer as and when called for.

3) They will not leave the place of residence without the permission of the arresting authority. 10. Call for the Case Diary alongwith the Medical Report.

11. List the matter on 19.09.2025.

12. Mr. A.A.R. Karim, learned counsel for the petitioners is further allowed to replace the translated copy of the FIR with the correct copy in the petition.

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