GAHC010281192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/3001/2025

1. ABDUL KADIR AND 8 ORS S/OLATE ABDUL GAFUR R/O VILL- NO. 3, GALANDIKASH P.S. KHARUPETIA, DIST. DARRANG, ASSAM, PIN- 784115

2: NABI HUSSAIN S/O LATE ABDUL AJIJ R/O VILL- NO. 3 GALANDIKASH P.S. KHARUPETIA DIST. DARRANG ASSAM PIN- 784115

3: SAFIUL ISLAM @ SAFIUL IMRAN S/O ABDUL KADIR R/O VILL- NO. 3 GALANDIKASH P.S. KHARUPETIA DIST. DARRANG ASSAM PIN- 784115

4: SHAHNEWAJ AHMED S/O ABDUL KADIR R/O VILL- NO. 3 GALANDIKASH P.S. KHARUPETIA DIST. DARRANG ASSAM PIN- 784115

5: NIJAMUDDIN S/O LATE ABDUL AJIJ R/O VILL- NO. 3 GALANDIKASH P.S. KHARUPETIA DIST. DARRANG ASSAM PIN- 784115

6: MUSTAN SHER BILLAH S/O GAZIUR RAHMAN R/O VILL- NO. 3 GALANDIKASH P.S. KHARUPETIA DIST. DARRANG ASSAM PIN- 784115

7: IBRAHIM ALI S/O LATE GAZIUR RAHMAN R/O VILL- NO. 3 GALANDIKASH P.S. KHARUPETIA DIST. DARRANG ASSAM PIN- 784115

8: SULEMAN BADSHA S/O ABDUL KADIR R/O VILL- NO. 3 GALANDIKASH P.S. KHARUPETIA DIST. DARRANG ASSAM PIN- 784115

9: MUSA KALI MULLAH S/O LATE ABDUL AJIJ R/O VILL- NO. 3 GALANDIKASH P.S. KHARUPETIA DIST. DARRANG ASSAM PIN- 78411 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : F K R AHMED, MRS. H THAKURIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

09.02.2026 Heard Ms. H. Thakuria, learned counsel for the petitioners. Also heard Mr.

P.S. Lahkar, learned Addl. Public Prosecutor for the State.

2. This is an application under Section 482 of BNSS, 2023, have been filed by the petitioners, namely, 1. Abdul Kadir, 2. Nabi Hussain, 3. Safiul Islam @ Safiul Imran, 4. Shahnewaj Ahmed, 5. Nijamuddin, 6. Mustan Sher Billah, 7. Ibrahim Ali, 8. Suleman Badsha, 9. Musa Kali Mullah, seeking pre-arrest bail in connection with Kharupetia P.S Case No.73/2025 under Sections

329(3)/329(4)/118(2)/109(2)/103(1)/3(5) of the BNS, 2023.

3. As per the FIR on 27.06.2025 at around 8 p.m., the accused person name therein attacked the informant side with deadly weapons due to quarrel arising out of land dispute and as a result grievous injuries were caused to the members of the informant side and one among them succumbed to his injury. Soon after the incident and before his death he implicated some of the petitioners as named in the FIR.

4. The learned counsel for the petitioners submits that there is long standing land dispute between the parties and the petitioner side had also lodged an FIR against the informant side of the present case which has been annexed to the instant application. Similar allegations were assault and causing of injury has been made in the said FIR lodged by the petitioner's side.

5. This Court by Order dated 12.11.2025, had rejected the prayers for pre-

arrest bail in respect of the present petitioners.

6. This second pre-arrest bail application in respect of the petitioners has been filed purportedly on some new grounds. It is stated that the petitioner No. 1 is suffering from diabetes and serious disorder in his eyes, such as glaucoma and macular degeneration requiring professional diagnosis and treatment to prevent blindness. The medical documents annexed hereto in respect of the petitioner No. 1 starts from 06.06.2025 which is prior to the date of the incident but the same was not pleaded during the first day of application. Moreover, the ailment mentioned in the said documents does not appear to be such which cannot be attended to in the event of arrest of the petitioner.

7. The petitioner No. 3 is said to be suffering from severe backache for the last few years on account of an accident and petitioner No. 6 has been suffering from diabetes and high blood pressure resulting in loss of eyesight and is undergoing constant treatment since 2024. But the medical document in respect of this petitioner No. 6 does not indicate any such ailment. Merely because the petitioner No. 3 has been suffering from backache is not a sufficient ground