Page No.# 1/3 GAHC010194402026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2671/2026 MERAJ ALI AND ANR S/O. LT. DILNUR ALI R/O. GHAHIGAON, P.S. CHATIA DIST BISWANATH, ASSAM. PIN-784175. 2: NURUL HAQUE S/O. HIQMAT ALI R/O. BATUWA P.S. PATACHARKUCHI DIST BAJALI ASSAM. PIN78132 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. W RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 11.09.2026 Heard Mr. W. Rahman, learned Counsel for the petitioners and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioners have prayed for bail in connection with Page No.# 2/3 Tamulpur P.S. Case No. 187/2026 registered under Sections 318(2)/318(4)/3(5) of BNS, 2023. The FIR in connection with which the petitioners were arrested and are incarcerated for the last 22 days was lodged by the Superintendent of Anti Smuggling Unit on 20.08.2026 stating inter alia that on a specific information of transportation of suspected gold, a custom team intercepted a vehicle and when they chased the said vehicle, the occupants threw a bag from the moving vehicle, which was recovered by the custom officials. It was further stated that the said vehicle was chased further and that two persons were apprehended who were occupants of the said vehicle while other occupants fled from the spot. It was further stated that the gold was checked and it was found to be fake and as such the custom officials did not register any FIR but then the present FIR is registered for the offence of cheating, fraud and allied offences. 3. The learned Counsel for the petitioners submits that the petitioners were arrested only on suspicion and no incriminating articles were recovered from them. 4. Mr. B. Sharma, learned Additional Public Prosecutor, however, submits that the petitioners were occupants of the vehicle from where the bag was thrown and that he has prayed for calling of the Case Diary to see the stage of the investigation. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the other occupants of the vehicle had fled and petitioners only were arrested and without there being any substantiating materials that they are involved in the offence, this Court deems it fit to enlarge the petitioners on bail on furnishing of bail bond of Rs. 20,000/- Page No.# 3/3 each with one local surety each of the like amount to the satisfaction of CJM, Baksa, Mushalpur under the following conditions: i)the petitioners will appear before the Investigating Officer thereafter as and when called for. ii) the petitioners will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioners will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant