Harun Rashid and 5 Ors. Vs the State of Assam

2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, namely, (i) Harun Rashid, (ii) Samsul Hoque @ Md. Samsul Hoque, (iii) Nawaj Sharif @ Nawab

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Sharif, (iv) Abdul Mannan, (v) Abdul Rofique and (vi) Badaruddin @ Badaruddin Ajmal , in connection with Kampur P.S Case No.12/2026 under Sections 191(2)/191(3)/190/329(3)/296 /324(4)/117(2)/118(2)/109(1)/74 of BNS, 2023.

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3. Case diary received. Perused the same.

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4. It is submitted by Mr. Nawaz, learned counsel that the petitioner No.2, Samsul Hoque @ Md. Samsul Hoque has already been arrested by police during investigation and as such, he is not pressing this pre-arrest bail application for the petitioner No.2, as it has become infructuous.

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5. He further submitted that the petitioner Nos. 4, 5 and 6 were granted with interim pre-arrest bail and they already appeared before the I.O. and their statements were also recorded.

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6. Mr. Nawaz, learned counsel further submitted that though as per the allegation in the FIR, the entire incident had happened on the instruction of petitioner No.6, he was not present at the relevant time of incident at the place of occurrence as he is an Engineer and busy with his project and on the day of the incident and to that regard he has furnished some attendance certificate as well as one photograph showing that he was busy in his work. But only with some false and concocted allegation the case is also lodged against the petitioner No.6.

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7. However, it is admitted by Mr. Nawaz, learned counsel that there was quarrel and mutual marpit took place between two groups for having a land dispute wherein both the parties sustained injuries. Mr. Nawaz further submitted that all the petitioners are still ready and willing to extend their cooperation, if they are granted with the privilege of pre-arrest bail.

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8. Mr. Sarma, learned APP submitted that there was sufficient incriminating materials against the present petitioners who are involved in the alleged offence. He further submitted that though the plea of absence is taken by the petitioner No.6, but from the available materials on record and statement made by the witnesses, it is seen that the petitioner No.6 was very much present at the time of the incident.

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9. Mr. Sarma, learned APP further submitted that from the injury report it is seen that victim i.e., the father of the informant sustained grievous injury on his person and he also sustained one fracture injury on his left hand and the assault subjected through a blunt object.

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10. Mr. Nawaz, learned counsel submitted in this regard that even if the injury is sustained by a blunt object, than it would be a case of grievous injury and can be considered as bailable offence.

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11. He further submitted that the photograph which has been annexed with the petition was clicked at about 9.43 am on 21.01.2026 and the incident took place on 21.01.2026 at about 7.30-08.00 am.

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12. Mr. Nawaz submitted in this context that the incident took place at Kampur and the petitioner No.6 working at Kaliabor Bypass and hence, within one hour it is quite improbable to come and attend his work after committing the crime at about 8.30 am.

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13. However, he submitted that all the petitioners are ready and willing to extend their cooperation if they are granted with the privilege of pre-arrest bail.

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14. Heard the submission made by the learned counsel for the parties.

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15. It is seen that the petitioner Nos. 4, 5 and 6 were extending their cooperation and appeared before the I.O. during investigation after obtaining

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interim pre-arrest bail. However, it is a fact that during investigation the petitioner No.2 has already been arrested.

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16. Coming to the involvement of the petitioners, it is seen that the petitioner Nos. 1 and 3 are very much involved in assaulting the victim, but from the record it is seen that there was a quarrel between the parties due to a land dispute, which ultimately caused the said incident.

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17. Considering this aspect of the matter, the circumstances under which the incident took place and other relevant fact of the case, I find that custodial interrogation/detention of the petitioners may not be required for the purpose of investigation of the case at this stage.

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18. In view of above, the interim bail granted to the petitioner Nos. 4, 5 and 6 is hereby made absolute on the same terms and condition.

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19. The petitioner Nos. 1 and 3 is also granted with the privilege of pre-arrest bail.

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20. Accordingly, it is provided that in the event of arrest of the accused/petitioners Nos. 1 and 3, namely, (i) Harun Rashid, (iii) Nawaj Sharif @ Nawab Sharif in connection with Kampur P.S Case No.12/2026 under Sections 191(2)/191(3)/190/329(3)/296 /324(4)/117(2)/118(2)/109(1)/74 of BNS, 2023, they shall be enlarged on pre-arrest bail on their executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions:

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(i) that the petitioner Nos. 1 and 3 shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of their

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statements;

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(ii) that the petitioner Nos. 1 and 3 shall fully cooperate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and

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(iii) that the petitioner Nos. 1 and 3 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

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21. This pre-arrest bail application accordingly stands disposed of.

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22. Return the case diary.

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JUDGE

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Harun Rashid and 5 Ors. v. the State of Assam

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Harun Rashid and 5 Ors. v. the State of Assam

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