Page No.# 1/3 GAHC010213062026 2026:GAU-AS:14526 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2431/2026 MD NUR ALI ALIAS KALU S/O MD. SAN ALI, R/O GAREMARI GAON, P.S. AND P.S. BARPETA, PIN 781308, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : A H CHOUDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 30.09.2026 1. Heard Mr. A.H. Choudhury, learned counsel appearing for the petitioner and Mr. B. Sharma, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Hatigaon P.S. Case No. 142 of 2026 registered under Sections 319(2)/126(2)/308(2)/3(5) of the BNS, 2023. Page No.# 2/3 3. The FIR, in connection with which the petitioner is apprehending arrest was lodged by the informant stating inter alia that when he went to a tyre shop to purchase a tyre, five accused persons including the petitioner identifying themselves as police personnel threatened him and forcibly took an amount of Rs. 9,500/- from him. The informant further stated that the said accused persons including the petitioner forcibly took him to an ATM and withdrew an amount of Rs. 15,000/- from his account. 4. The learned counsel appearing for the petitioner submits that the allegations made in the ejahar are concocted and false. It is further submitted that the informant had taken a loan from the petitioners and that the petitioners had gone to the informant to recover the money due to them. 5. Mr. B. Sharma, learned APP on the other hand submits that the case diary was produced before the learned trial court and upon consideration thereof the petitioner's application for bail was rejected. 6. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that no hue and cry was raised by the informant when the alleged amount was taken from him during the daytime and there is also no averment that he raised any alarm when he was allegedly taken to the ATM, this Court is of the view that the version narrated in the FIR has not disclosed the complete sequence of events. 7. 7. In view of the above, the petitioner is hereby enlarged on pre-arrest bail on furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) 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 15 days from today and corporate with the Page No.# 3/3 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 his residence without prior permission of the Investigating Officer. 8. Accordingly, this Anticipatory Bail application is disposed of. JUDGE Comparing Assistant