Citation : 2026 Latest Caselaw 788 Gua
Judgement Date : 5 February, 2026
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GAHC010005172026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/96/2026
NOZRUL ISLAM LASKAR AND 2 ORS.
SON OF YAFAR ALI LASKAR
VILL- CHANDPUR PT.(II), P.O. CHANDPUR, P.S. KATIGORAH, DIST.
CACHAR, ASSAM
2: BADRUL ISLAM LASKAR
SON OF YAFAR ALI LASKAR
VILL- CHANDPUR PT.(II)
P.O. CHANDPUR
P.S. KATIGORAH
DIST. CACHAR
ASSAM
3: MASUM AHMED LASKAR
SON OF YAFAR ALI LASKAR
VILL- CHANDPUR PT.(II)
P.O. CHANDPUR
P.S. KATIGORAH
DIST. CACHAR
ASSA
VERSUS
THE STATE OF ASSAM
TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR F A LASKAR, MR A MALEK,MR. N H BARBHUIYA
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
05.02.2026
Heard Mr. F.A. Laskar, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State.
2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail to the petitioners in connection with Katigorah PS Case No. 79/2025 under Section 109/3(5) of the BNS, corresponding to GR Case No. 2010/2025 in the district of Cachar, Assam.
3. As per the FIR which was lodged on 08.12.2025 by the informant, who is the wife of the injured person stating that her husband was assaulted from the back side by the accused persons causing injury to his head as well as other parts of the body with an intent to kill him.
4. Due to the injury sustained by the husband of the informant, he was rushed to Sonapur Hospital, Bhangarpar, and thereafter, shifted to Silchar Medical College & Hospital, Silchar and thereafter he was admitted to Valley Hospital, Silchar.
5. It is submitted on behalf of the petitioners that an altercation took place between the two sides on the issue of loading of betel nut on a truck and in course of such altercation, the accused persons also sustained injuries.
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6. In this regard the OPD Slip in respect of the accused persons has also been annexed to the instant application.
7. It is submitted that the accused persons had also sustained simple injuries. It is further submitted that the matter was settled in a village meeting on 01.12.2025, after which the accused persons had withdrawn the FIR that they had lodged against the present informant side. Thereafter, the instant FIR had been lodged by the informant despite the matter having been already compromised.
8. The Case Diary as called for has been received including an Injury Report issued by Valley Hospital, Silchar where the injured was treated after being discharged from SMC&H, Silchar and as per the findings, certain injuries were present on the head of the injured person which had been described as grievous. It is also noted therein that after the incident, the patient was oriented.
9. Having regard to the fact that a compromise had already been affected between the parties, it is provided that the petitioner in the event of their arrest shall be released on bail of Rs. 50,000/- each, with one surety of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Cachar, Silchar in connection with the aforesaid case.
10. It is further provided that the petitioners shall cooperate with the investigation and shall not try to intimidate or influence the witnesses or tamper with the evidence in any manner.
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11. The present petition stands disposed of.
12. Send back the Case Diary.
JUDGE
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