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2026 DAILYLAW 15308 (GAU)

MUSTAFA KAMAL v. THE STATE OF ASSAM

AB/2389/2026 · 2026-09-27

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010213392026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2389/2026 MUSTAFA KAMAL SO ANARUL HOQUE, RO VILL BATAMARI, PO BATAMARI, PS BATADRAVA, DIST NAGAON, ASSAM, PIN 782122 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MS. F ISLAM,MR. M ALOM,MS. F H AHMED,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 28.09.2026 Heard Mr. M.K. Hussain, learned counsel, appearing for the accused-applicant. Also heard Mr. K.K. Parasar, learned Addl. P.P., representing the State respondent. This is an application filed under Section 482 of the BNSS, 2023, praying for granting pre-arrest bail to the accused-applicant in connection with Batadrava P.S. Page No.# 2/3 Case No. 111/2026, registered under Sections 318(2)/316(2)/351(3)/319(2) of BNS, 2023. An FIR was lodged on 09.08.2026 by one Abdus Sabur, inter alia, alleging that he was promised a government job under ADRE, and thereafter, some parts of money was paid by the informant to the accused-applicant and thereafter, certain amounts were given from time to time. Ultimately, a total amount of Rs. 39,000/- (Rupees Thirty Nine Thousand only) were given to the accused-applicant. It is alleged that when the ADRE result was out, the informant was not selected and when he asked for the money back, he was scolded and threatened with dire consequences. In view of that the aforesaid FIR, Batadrava P.S. Case No. 111/2026 has been registered against the accused-applicant under the aforementioned sections. The learned counsel for the accused-applicant submits that the accused- applicant has not taken any money from the informant and he has been wrongly implicated in the instant case and further submits that the alleged extraction of money was of the year 2022, however, the FIR has been filed in the year 2026 without explaining the delay. The learned Addl. P.P., opposes the prayer of bail of the accused-applicant at this stage. Taking into account the entire facts of the case, this Court is of the considered opinion that interim pre-arrest to the accused-applicant can be granted at this stage. Accordingly, it is directed that in the event of arrest of the accused-applicant by the Investigating Officer in connection with Batadrava P.S. Case No. 111/2026, he shall be released on interim pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand only), with a surety of like amount to the satisfaction of the arresting authority, subject to the condition that the accused- Page No.# 3/3 applicants shall appear before the Investigating Officer within ten (10) days from today, cooperate with the investigation and shall not tamper with the evidence or threaten the witness. In view of the above, the instant AB application is disposed of. JUDGE Miriam