Page No.# 1/3 GAHC010142082026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1909/2026 ABDUL MALEK S/O-LT. KURPAN ALI, RESIDENT OF - VILL- BANIYARAPARA P.S.-BARPETA, DISTRICT- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR M ISLAM, MS R BEGAM,MR. SANU HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 20.07.2026 Heard Mr. S. Hussain, learned counsel for the accused applicants. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State. 2. This is an application filed under Section 483 of the BNSS, 2023 praying for grant of bail to the accused person Abdul Malek, in connection with Barpeta P.S. Page No.# 2/3 Case No.132/2026 under Sections 61(2)/318(4)/111(4)/3(5) of BNS, 2023. 3. An FIR was lodged on 24.04.2026 by the complainant, namely, S.I. Pranab Baruah of Barpeta P.S., stating that on 23.04.2026 at 01:54 AM, an information was received by OC Barpeta P.S. that one person, namely, Omar Ali was detained at New Bongaigaon Railway Station by GRP, where 5 (five) biscuit-shaped (gold bar) pieces of suspected gold were recovered, weighing 583 grams, which were selzed from his possession; that accordingly, OC Kalgachia P.S. proceeded to the house of Omar All and searched his house and during the search, Omar Ali's wife disclosed that illegal activities involving gold smuggling and fraudulent transactions were being carried out by Abdul Malek; that accordingly, OC Barpeta informed the matter to Addl. SP (Crime), Barpeta, over phone and on being instructed, the complainant along with the police staff proceeded to the house of Abdul Malek and before reaching the village, the complainant called the village Headman and after reaching the house of Abdul Malek, one car was spotted and two persons were found inside; that on being asked, they revealed their names as Abdul Malek and Baharul Islam Khan; that the complainant apprehended both and during search, recovered 2 (two) mobile handsets from Abdul Malek and 1 (one) mobile handset from Baharul Islam Khan was recovered; that the house of Abdul Malek was also searched; that having found no materials against Baharul Islam, he was released; that on examination of the mobile phones of Abdul Malek, it was found that he used the phone numbers to desi in illegal gold and also carried out hawala transactions. 4. On receipt of FIR, police registered Barpeta P.S. Case No.132/2026 under the aforementioned sections. 5. The learned counsel appearing for the accused applicant submits that he is behind the bar for the last 79 days. Page No.# 3/3 6. In view of the fact that the accused applicant is behind the bar since 79 days, the learned counsel for the accused applicant submits that the accused applicant should be granted bail at this stage. Case diary in the instant case has been produced and the same is perused. 7. Taking into account the fact that the applicant is behind the bar since 79 days, this Court is of the view that the accused applicant should be granted bail at this stage. 8. Accordingly, it is directed that the accused applicant named above shall be granted bail immediately on furnishing bail bond of Rs.30,000/- in connection with Barpeta P.S. Case No.132/2026 with a surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta subject to the following conditions:- a) that the accused applicant shall cooperate with the investigation and shall appear as and when called for; b) that the accused applicant shall not hamper or tamper with the investigation of the case. 9. With the above observation and direction, the bail application stands disposed of. JUDGE Comparing Assistant