Page No.# 1/3 GAHC010097912026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1044/2026 MD RABED ALI S/O HAFIJ ALI , R/O 2 NO KAKARABARI , PS BOKO , DIST KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. MD IMDAD,MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 22.07.2026 1. Heard learned counsel Mr. S. M. Abdullah P for the petitioner Md. Rabed Ali who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Chayygaon Police Station Case No. 68/2026 under Sections Page No.# 2/3 61(2)/303(2) of the BNS, 2023. 2. Heard Mr. K. K. Das, learned Additional Public Prosecutor for the respondent State. 3. It is submitted on behalf of the petitioner that the allegation is specifically against the driver of the vehicle bearing registration No. AS01-JC-1863. It is alleged that 410 bags of corn weighing 25,970 kgs for a value of Rs. 5,12,040/- was stolen by the driver of the vehicle. 4. It is submitted that the FIR does not reflect the name of the owner of the aforementioned petitioner. It is submitted that the petitioner is willing to co- operate with the investigation. 5. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. The statements of the witnesses clearly reveal that the petitioner was driving the vehicle. The petitioner is the person responsible for disappearance of 25,970 kgs of corn for a value of Rs. 5,12,040/-. 6. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. The petitioner's conduct appears to be shady. 7. However, after considering the progress of investigation, it appears that custodial interrogation may not be required. 8. In view of my foregoing discussions, the interim order dated 21.05.2026 is made absolute under the conditions that :- (i) The petitioner shall appear before the Investigating Officer within 1 (one) week and cooperate with the investigation, Page No.# 3/3 (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) The petitioner shall refrain from such activities with which he is alleged, (iv) The petitioner shall not exercise threats to the witnesses or try to influence them, and (v) The petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, bail order shall stand cancelled. 10. Send back the Case Diary. JUDGE Comparing Assistant