Rofiqul Islam Vs the State of Assam

2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for granting of anticipatory bail to the accused/applicant, namely, Rofiqul Islam , apprehending arrest in connection with Bhuragaon P.S. Case No. 49/2025 under Sections 61(2)/103(1)/118(2)/109 of BNS, 2023 .

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3. The allegations in the FIR dated 18.08.2025, lodged by one Md. Amadadul Islam stating inter alia that on the date of the incident i.e. on 16.08.2025, the FIR accused persons assaulted the informant’s brother and his associate, resulting in the death of the informant’s brother and grievous injuries to the associate.

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4. The learned counsel for the petitioner submits it is a subsequent bail petition as the earlier bail petition was rejected by this Court on 18.09.2025 in AB No. 2291/2025. It is also submitted that in the meantime, there is subsequent development as investigation is completed and charge sheet has been submitted against nine accused persons named in the FIR vide C.S. No. 61/2025 dated 11.11.2025 under section 61(2)/103(1)/118(2)/109 of BNS, 2023.

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5. It is further submitted by the learned counsel for the petitioner that the present petitioner has not been sent up for trial in this aforementioned charge sheet, though I/O has stated about further investigation and filing of subsequent charge sheet, if any.

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6. The learned counsel for the informant submits that though present petitioner has not been sent up for trial but he was involved in the alleged offences and further investigation is likely to incriminate him.

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7. The petitioner was granted interim bail on 25.11.2025.

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8. The scanned TCR has been received.

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9. Informant’s side had filed an objection regarding violation of bail conditions, which however is denied by the side of the petitioner. However, a report was called for from the concerned I.O.

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10. In this context, the learned Additional Public Prosecutor has placed the report dated 02.02.2026 stating that no written or oral complaint was received so far regarding violation of bail conditions by the accused person i.e. Rofiqul Islam. In the entire facts and circumstances, mainly considering that in the first/main chargesheet, the petitioner has not been sent up for trial; there is perhaps no reason as to why the interim bail should not be made absolute.

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11. Accordingly, the order of pre-arrest bail dated 25.11.2025 is hereby made absolute subject to the conditions :

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i) That the petitioner shall co-operate with the process of law;

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ii) That the petitioner shall co-operate with any further investigation;

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iii) That the petitioner shall not violate any bail conditions imposed earlier

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12. Accordingly, this anticipatory bail petition stands allowed and disposed of .