GAHC010213792025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/2352/2025

MD. SOHIDUR ISLAM

S/O- MD HARUN RASID,

VILLAGE- LUNGJHAR, P.S.-MANIKPUR, DIST.-BONGAIGAON, ASSAM

VERSUS

THE STATE OF ASSAM

REPRESENTED BY PP ASSAM

Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,MS. P AHMED

Advocate for the Respondent : PP, ASSAM,

BEFORE

HON’BLE MRS. JUSTICE MITALI THAKURIA

ORDER

13-11-2025

Heard Mr. M. I. Hussain, learned counsel for the petitioner and Mr. R. R.

Kaushik, learned Additional Public Prosecutor, for the State respondent.

This is an application under Section 482 BNSS, 2023 praying for grant of pre-

arrest bail to the accused/petitioner, namely, Md. Sohidur Islam who is

apprehending his arrest in connection with Howly P.S. Case No. 79/2025 under Sections 319(2)/340(2)/336(3)/3(5) of the BNS, 2023.

Case diary received. Perused the same.

It is submitted by Mr. Hussain, learned counsel that the earlier bail application of the petitioner was rejected in the month of August, 2025 after perusal of the case diary. But as per his instruction, the petitioner had not committed any such offence, as alleged in the FIR.

He submitted that it is a fact that on the date of the incident, he went to drop the candidate as he was ill, but some incident took place there and then he was falsely implicated in the present case.

Mr. Hussain, learned counsel further submitted that the instant application is filed with a new ground of advanced stage of pregnancy of the wife of the present petitioner and the expected date of delivery was 06.11.2025, but due to some complicacy in her pregnancy, she could not gave birth to the child and presently, she is in hospital.

In view of this, the present petition may be allowed.

However, the petitioner is ready and willing to cooperate with the I.O. in further investigation of the case, if he is granted with some interim protection. Mr. Kaushik, learned Addl. PP submitted in this regard that there is no new ground in the subsequent bail application and the earlier bail application was rejected after perusal of the case diary and finding sufficient incriminating materials against the present petitioner, who is also considered to be the main culprit of the case.

Mr. Kaushik, learned Addl. PP further submitted that at the time of filing the earlier bail application also, it seems that the wife of the present petitioner was pregnant, but the said plea was not taken in the earlier bail application and the same ground has been taken in the present application only. He further submitted that considering the nature of the case, involvement of the petitioner, this pre-

arrest bail application may be rejected, at this stage.

Heard the submissions of the learned counsel for both sides and I have also perused the case record as well as the case diary. It is a fact that there was sufficient incriminating material, so far collected by the I.O. against the present petitioner. However, only considering the submission made by the learned counsel for the petitioner regarding the complicacy in the pregnancy of the wife of the petitioner, I find it a fit case to extend the privilege of interim pre-arrest bail to the accused/petitioner, till receipt of the updated Case Diary.

Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Md. Sohidur Islam in connection with Howly P.S. Case No. 79/2025 under Sections 319(2)/340(2)/336(3)/3(5) of the BNS, 2023, he shall be enlarged on interim pre-arrest bail on his executing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) only with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions:

(i) that the petitioner shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of his statement;

(ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Inves