GUWAHATI, India, Nov. 8 -- Gauhati High Court issued the following order on Oct. 8:

Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. Sayed Salim Ahmed, learned counsel appearing for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam appearing for the state respondent.

1. This is an application under Section 482 of BNSS, 2023, for granting pre-arrest bail to the petitioner in connection with Nilambazar Police Station Case No. 133/2025 registered under Sections 121(1)/132/296/351(2)/109/3(5) of the BNS.

2. The case as has been narrated in the F.I.R. is that one Sri Bishal Kathar, SI (P) has filed an F.I.R before the Nilambazar Police Station alleging that the accused applicant, namely, Shelim Jafar Khan @ Salim Jafar Khan along with his brother Amir Khan had obstructed and took up a fight with police personnel, when the police personnel comprising of 9 officials went to the house of the accused applicant regarding some investigation in respect of a GD entry vide GD No. 20 dated 23.09.2025.

3. While altercation took place between the accused applicant with the police personnel, the accused applicant tried to kill the police personnel and obstructed the police personnel from performing their duties. The co-accused named in the F.I.R namely, Amir Khan has already been arrested.

4. Mr. H.R.A. Choudhury, learned senior counsel appearing for the applicant, submits that from the F.I.R. itself it is apparent and it is very unlikely that the two persons will try to kill the police personnel who came along with 9 armed police personnel. He further submits that there may be some altercations happen as both the accused persons are young persons but there was nothing intentional about the whole incident. Therefore, he prays that the accused applicant may be allowed to go on pre-arrest bail and he submits that the accused applicant shall co-operate with the investigation as and when required and this court may put any conditions that may deemed fit by this court.

5. Whereas, Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the state respondent, submits that this is not a fit case wherein the accused applicant may be allowed to go on pre-arrest bail without perusing the case diary.

6. This court has heard the submissions of the learned counsels appearing for the respective parties and having prima-facie found the case to be a fit case for granting interim pre-arrest bail, the accused applicant is allowed to go on interim pre-arrest bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) only, with a surety of the like amount to the satisfaction of the arresting authority

7. The above interim pre-arrest bail is, however, subject to the following conditions:-

i) The accused applicant shall appear before the Investigating Authority within 7 (seven) days of passing of this order and in the event of his non-appearance before the Investigating Authority, this interim pre-arrest bail shall be deemed to be cancelled.

ii) The accused applicant shall appear before the Investigating Authority as and when called for.

Call for the case diary.

List this matter on 30.10.2025.

Disclaimer: Curated by HT Syndication.