Page No.# 1/3 GAHC010213272026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2427/2026 ABDUL KADER SK ALIAS KADER ALI S/O- SHAHZAMAL SK. VILLAGE- CHAIAKURA CHAR, P.O. MAJER CHAR P.S. DHUBRI, DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM. Advocate for the Petitioner : MR Z HUSSAIN, MR. S HUSSAIN,MR. M HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 30-09-2026 Heard Mr. Z. Hussain, learned counsel for the accused applicant. Also heard Mr. K.K. Parasar, learned Addl. P.P. Assam. This is an application filed under Section 482 BNSS, 2023 praying for granting of pre-arrest bail to the accused applicant, in connection with Dhubri P.S. Case No. Page No.# 2/3 338/2026, under Section 329(4)/ 305(a)/ 317(2) BNS. An FIR was lodged on 14-08-2026 by one Basida Begum alleging inter-alia that during her stay at Dhubri on 26-06-2026 at about 01:30 p.m., taking advantage of her absence in the house, some unknown miscreant has stolen cash amount of Rs. 30,000/-, gold ornaments valuing Rs. 40,000/- and Vivo Y20 mobile handset from the almirah of the informant. During the search of the theft article, her mobile phone was found in the house of the accused person, viz. Abdul Kader Sk. @ Kader Ali. It is alleged that though the incident was reported to the village headman and one meeting was supposed to the held regarding that but nothing happened and therefore, she has been compelled to file the instant FIR. On receipt of the FIR, police registered the same as Dhubri P.S. Case No. 338/2026 under the aforementioned sections. The learned counsel for the applicant submits that the Vivo mobile handset, which was recovered from his place, has been sold to him by the somebody else. He submits that he is totally unaware about the stolen of the goods. He further submits that since he is the friend of one of the family members of the informant he is apprehending that he may also be arrested by the police in connection with the aforesaid police case. In view of the above, he prays for grant of pre-arrest bail to the accused applicant. Mr. K.K. Parasar, learned Addl. P.P. Assam, on the other hand, opposes the prayer for pre-arrest bail to the accused applicant and he prays for calling of the case diary. This Court has considered the submissions of the learned counsel for the parties as Page No.# 3/3 well as the materials brought on record. On consideration, this Court is of the view that accused applicant should be granted pre-arrest bail. Accordingly, it is directed that, in the event of arrest, the accused applicant, viz. Abdul Kader Sk. @ Kader Ali, shall be released on furnishing of bail bond of Rs. 30,000/- with the surety of like amount to the satisfaction of the arresting authority, subject to the following conditions. (i) The accused applicant shall appear before the Investigating Officer within a period of 10 days from today. (ii) The accused applicant shall cooperate with the investigation and make himself available as and when call for by the Investigating Officer. (iii) The accused applicant shall not tamper or hamper in the investigation in any manner whatsoever. In terms of the aforesaid directions, the instant A.B. application stands disposed of. JUDGE Comparing Assistant