Page No.# 1/4 GAHC010165572026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1874/2026 IKBAL HUSSAIN S/O LATE-IMRAN HUSSAIN R/O-VILL- PUB-KANDULIMARI P.O-JUGIJAN P.S DISTRICT HOJAI PIN CODE782429 VERSUS STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N ISLAM, MR A HUSSAIN,MD A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 24.08.2026 Heard Mr. N. Islam, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 whereby the petitioner, namely, Ikbal Hussain is seeking Anticipatory Bail apprehending arrest Page No.# 2/4 in connection with an FIR, which is registered as Simla Police Case No. 15/2025 registered under Sections 318(4)/3(5) of BNS, 2023. 3. The FIR in connection with which the petitioner is apprehending arrest was lodged by the complainant, Sri Kabit Boro, stating, inter alia, that on 24.02.2025, a fake Ojha came to their place and revealed that he knew their father. After speaking to the informant and his family for a considerable period of time, the said Ojha took a sum of Rs.25,600/- in the name of a locket and also took Rs.3,600/- for conducting puja. The informant further stated that the Ojha instructed them to put a cash amount of Rs.92,400/- along with one gold earring and one gold chain in a tin box and directed them to open the same after a period of seven days. However, when the box was opened, only some pieces of paper were found therein, and the money and the gold articles were missing. 4. The informant further stated that they did not know the name of the said person, but they knew the registration number of the vehicle and the mobile number of the person, which they furnished before the police officer. 5. The learned counsel for the petitioner submits that, although the petitioner was nowhere named in the said FIR, the petitioner received a notice issued under Section 35(3) of the BNSS by the Investigating Officer, directing him to appear before the police station on a particular date, and that certain directions were also contained in the said notice. He submits that the petitioner is apprehending arrest in connection with the said case and has, therefore, prayed for bail. 6. Ms. S.H. Bora, learned Additional Public Prosecutor appearing for the State of Assam, upon perusal of the case diary, submits that the petitioner is the Page No.# 3/4 owner of the vehicle, the registration number of which was furnished by the informant to the police officer. She further submits that the case diary reveals that the said vehicle was sold by the petitioner to his brother-in-law. She also submits that there is no apprehension on the part of the petitioner that he would be arrested by the Investigating Officer. 7. Upon consideration of the submissions made by the learned counsels, more so in view of the directions given in the notice issued to the petitioner under Section 35 (3) of the BNSS, 2023, this Court deems it fit to enlarge the petitioner on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- (Rupees twenty thousand ) only with one local surety of the like amount to the satisfaction of the Arresting authority on the following conditions: 1. That the petitioner shall appear before the Investigating Officer within 10(ten) days from today and such other dates as required and co-operate in the investigation as and when required; 2. The petitioner shall not leave the jurisdiction of the police station, without prior written permission from Officer-in-Charge, Simla Police Station. 3. That the petitioner shall not hamper or tamper with the investigation in any manner; and 4. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Page No.# 4/4 Station Case. If any of the conditions are found to be violated by the petitioner then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioner. 8. Accordingly, the anticipatory bail petition is disposed of. JUDGE Comparing Assistant