Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010197012026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2178/2026 SALIM AHMED ALIAS ALAM SON OF FAZLUL BARI,RESIDENT OF BULLION DEALER, KERAKUCHI, MP ACADEMY, HATIGAON CHARIALI, KAMRUP METRO, ASSAM-781038 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM, PANBAZAR, GUWAHATI-01 Advocate for the Petitioner : MR. A R BHUYAN, MR S ABDULLAH Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER Date : 10.09.2026
Heard Mr. A.R. Bhuyan, learned Senior Counsel assisted by Mr. S. Abdullah,
learned Counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre-arrest bail in
Page No.# 2/3 connection with Hatigaon P.S. Case No. 142/2026 registered under Sections 319(2)/126(2)/308(2)/3(5) of BNS, 2023. The FIR in connection with which the petitioner is apprehending arrest was lodged on 14.07.2026 by the informant namely Jakir Ansari stating inter alia that on the same day, at around 04:00 pm, five boys went to his tyre shop and took Rs. 9500/- from him and also forcefully took him to the ATM and took Rs. 15,000/- from him and all the boys ran away. It was stated by the informant that the petitioner is one amongst the said five boys. 3. The learned Senior Counsel for the petitioner, Mr. A.R. Bhuyan submits that the fact narrated in the FIR is a concocted story and the real story is that the accused persons including the petitioner had given money to the informant as loan and when the informant was not returning their money, they went and ask that money from him and a tussle took place between them. 4. Mr. R.J. Baruah, learned Additional Public Prosecutor for the State, however, submits that an inquiry was conducted before the registration of the said FIR and in the inquiry, the incident was found to be true and as such he prays that the Case Diary may be seen in the instant case and he vehemently objects to the grant of bail. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the incident took place in the afternoon hours i.e. at around 04:00 pm and the informant had not made any hue and cry on happening of the occurrence, this Court deems it fit to enlarge the petitioner on pre-arrest bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the Arresting Authority under the following conditions:
Page No.# 3/3 i) the petitioner will appear before the Investigating Officer within a period of 10 days from the date of the order. ii)the petitioner will appear before the Investigating Officer thereafter as and when called for. iii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case.
iv) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority. 6. Petition is disposed of. JUDGE Comparing Assistant