Page No.# 1/3 GAHC010181432026 2026:GAU-AS:12840 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2085/2026 AJIJUR HOQUE ALIAS AJIJUR ALI S/O- ABBASH ALI, VILL.-AMGURI CHAR, P.O.-KALGCAHIA, P.S.- KALGACHIA, DIST.-BARPETA, ASSAM, PIN-781319 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED P.P., ASSAM. Advocate for the Petitioner : MR. S AHMED, MR M RAHMAN,T UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 03.09.2026 1. Heard Mr. S. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for the grant of pre-arrest bail in connection with Kalgachia P.S. Case No. 89 of 2023 registered under Section Page No.# 2/3 395 of the Indian Penal Code corresponding to PRC Case No. 2567/2023 pending before the Court of the learned Judicial Magistrate First Class, Barpeta. 3. The FIR, in connection with which the petitioner is apprehending arrest was lodged on 12.06.2023 by the informant stating inter alia that after closing his shop at about 9:50 p.m. on 10.06.2023 he went to collect outstanding dues from other shops. While returning there from, two persons riding a motorcycle intercepted his motorcycle. It was further alleged that the said persons along with other persons who arrived on different motorcycles threatened the informant, his wife and their minor child and snatched away his bag containing cash of Rs. 1,54,500/- along with other articles. 4. The learned counsel appearing for the petitioner submits that the name of the petitioner does not find place in the FIR and that during the course of investigation, the police allegedly found the petitioner to be involved in the incident. Upon completion of the investigation, the police submitted the charge sheet against the petitioner along with other accused persons. However, it is submitted that neither the FIR nor the charge sheet discloses any material indicating the complicity of the petitioner in the alleged offence. 5. Mr. D.P. Goswami, learned APP, however, submits that upon completion of the investigation the police found the petitioner to be involved in the alleged offence, particularly in view of the fact that a number of persons were involved in the commission of the offence. He submits that the informant had also stated in the FIR that several persons were involved in the incident and accordingly, the petitioner was found to be involved in the same. 6. Upon consideration of the submissions made by the learned counsels and Page No.# 3/3 more particularly, in view of the fact that the name of the petitioner was not mentioned in the FIR and that there is no indication that the petitioner was identified by the informant or his family members, this Court deems it fit to enlarge the petitioner on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority subject to the following conditions: (i) The petitioner shall positively appear before the Investigating Officer within a period of 10 days from today and corporate with the investigation without any failure. (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave their residence without prior permission of the I.O. 7. Accordingly, this petition is disposed of. JUDGE Comparing Assistant