AB/1870/2026 of AFNUR HAZARIKA AND ANR Vs THE STATE OF ASSAM on 12 August 2026

ORDER

Date :13.08.2026

Heard Mr. H.R.A. Choudhury, learned Senior Counsel, assisted by Mr. I.U. Choudhury, learned counsel for the applicants and Mr. D.P. Goswami, learned Additional Public Prosecutor for the State respondent.

2. Apprehending arrest in connection with the North Lakhimpur PS Case No. 225/2026, under Sections 191(2)/ 191(3)/ 126(2)/ 118(2)/ 351(3)/ 324(4)/ 303(2)/ 3(5) of the BNS, this application under Section 482 of the BNSS, is preferred by applicants, namely, Afnur Hazarika and Aminul Hazarika, for grant of pre-arrest bail.

3. The aforementioned case has been registered on the basis of one FIR lodged by one Monoj Gogoi; Dipankar Basu; Prajal Das; and Uttam Das, on 17.07.2026. The essence of allegation in the FIR, dated 17.07.2026, is that on 16.07.2026, at about 05:30 pm, the informants went to the bazaar to collect tax and at that time, the FIR named accused persons along with 30/40 other miscreants, in a planned manner, being armed with dao, rod, wood and solid bamboo sticks, by shouting slogans ‘Alla Hou Akbar’ and ‘Chanak Tuluho’, attacked them and also shouted that there will be no Asomiyagiri and even if they are killed, the BJP Government cannot do anything.

4. Mr. Choudhury, learned Senior Counsel for the applicants, submits that the applicants are innocent and no way involved with the offence alleged in the FIR and that they are ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

5. Per-contra, by producing the case diary before this Court, Mr. Goswami, learned Additional Public Prosecutor, fairly submits that the witnesses examined so far by the I.O. have not implicated the present applicants with the offence alleged in the FIR.

6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the application as well as the documents placed on record and also perused the case diary produced before this Court, with the assistance of Mr. Goswami, learned Additional Public Prosecutor.

7. In view of the materials examined so far in the case diary and also in view of the submissions, so advanced by learned counsel for both the parties, this Court is of the view that custodial interrogation of the applicants may not be required, in the interest of investigation.

8. Accordingly, this Court is inclined to allow the application. It is provided that in the event of arrest of the applicants in connection with North Lakhimpur PS Case No. 225/2026, under Sections 191(2)/ 191(3)/ 126(2)/ 118(2)/ 351(3)/ 324(4)/ 303(2)/ 3(5) of the BNS, they shall be enlarged on pre-arrest bail, on their executing a bond of Rs. 20,000/- each, with one surety of like amount to the satisfaction of the arresting authority.

9. The above privilege is, however, subject to the following conditions:

(i) that the applicants shall make themselves available for interrogation by the Investigating Officer as and when directed;

(ii) that the applicants 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 them from disclosing such facts to the Court or to any police officer; and

(iii) that the applicants shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Lakhimpur, without prior permission.

10. In terms of above, this application stands disposed of.

11. The case diary be returned. JUDGE Comparing Assistant