Makibul Ali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

Makibul Ali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Petition under Section 482 BNSS allowed: pre-arrest bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority in Barpeta P.S. Case No. 299/2025; petitioner to appear before the I.O. within 7 days for recording of statement, cooperate with the investigation, and not intimidate or influence witnesses.

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with Barpeta P.S. Case No. 299/2025.

Court's answer

Having regard to the facts of the case and the nature of the injuries as reflected in the Sessions Court's order (simple in nature, caused by blunt object), the prayer for pre-arrest bail is allowed.

Ratio / Principle

The accused-petitioner shall be released on pre-arrest bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority in connection with the said case.

Key takeaways

The petitioner shall appear before the I.O. within a period of 7 days from the date of the order for the purpose of recording of his statement.ratio¶9
The petitioner shall cooperate with the investigation and shall not try to intimidate or influence witnesses.ratio¶9

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Sanjeev Kumar Sharma), Order dated 10.11.2025 in AB/2298/2025 — Makibul Ali v. The State of Assam. Application under Section 482 of the BNSS for pre-arrest bail in connection with Barpeta P.S. Case No. 299/2025 (printed sections: 189(2)/191(3)/74/117(2)/109/196/115(2)/299). Allegation: on 14.08.2025 the petitioner along with others attacked the informant and his mother at a market place, tore the mother's wearing dress and physically assaulted both. Counsel relied on the order dated 08.09.2025 of the learned Sessions Judge, Barpeta in Crl. Misc. Bail No. 136/2025 granting bail to co-accused Amir Hamza, in which, on perusal of the injury report, the injuries were recorded as simple in nature and caused by blunt object. The Court allowed the prayer for pre-arrest bail: release on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority; petitioner to appear before the I.O. within 7 days for recording of his statement, cooperate with the investigation, and not intimidate or influence witnesses. Petition allowed and disposed of.

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GAHC010209752025

2025:GAU-AS:15137

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

Case No. : AB/2298/2025

MAKIBUL ALI

SON OF ISLAM UDDIN, RESIDENT OF VILLAGE DEWRIKUCHI, P.S. BARPETA, DIST.- BARPETA, ASSAM

VERSUS

THE STATE OF ASSAM REP. BY THE PP, ASSAM

Advocate for the Petitioner : MR K BHUYAN, MR. Z MAHMUD,MR M HAZARIKA

Advocate for the Respondent : PP, ASSAM,

B E F O R E

HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER

10.11.2025

Heard Mr. K Bhuyan, learned counsel for the petitioner. Also heard Mr. D P Goswami, learned Addl. Public Prosecutor.

2. CD, as called for, has not been received.

3. This is an application under Section 482 of the BNSS seeking to grant pre-

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arrest bail to the petitioner in connection with Barpeta

P.S.CaseNo.299/2025U/S189(2)/191(3)/74/117(2)/109/196/115(2) /299.

4. As per the allegation, on 14.08.2025, the informant had parked his motorcycle at the market place and in the meantime, the accused along with some other persons are attacked him and his mother, tore the wearing dress of his mother and physically assaulted both of them.

5. My attention has been drawn to the order dated 08.09.2025 passed by the learned Sessions Judge, Barpeta in Crl. Misc. Bail No. 136/2025, whereby bail was granted to the co-accused Amir Hamza.

6. On perusal of the said order, it appears that upon perusal of the injury report, the learned Court of Sessions Judge recorded that the injuries were simple in nature and were caused by blunt object.

7. It is further submitted by the learned counsel appearing for the petitioner that the present petitioner was simply stand at the place which is located about 25 meters away from his shop.

8. Having regard to the aforesaid facts as well as the nature of the injuries, as reflected in the aforesaid order, a prayer for pre-arrest bail is allowed.

9. The accused abovenamed shall be released on pre-arrest bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority in connection with the aforesaid case. It is further provided that the petitioner shall appear before the I.O within a period of 7 days from today for the purpose of recording of his statement. It is also provided that the petitioner

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shall cooperate with the investigation and shall not try to intimidate or influence witnesses.

10. The petition stands allowed and disposed of accordingly.

JUDGE

Comparing Assistant