Page No.# 1/3 GAHC010008472026 2026:GAU-AS:1558 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./210/2026 MOBAR ALI S/O LATE MANGAN ALI RESIDEN TOF VILL- PUTHIMARI P.S. CHAPAR, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. S HAQUE,MS S ABDULLAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 06.02.2026 1. Heard Mr. A. Begum, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. The petitioner Mobar Ali has filed this application under Section 483 of the BNSS, 2023 with a prayer for bail as he is behind bars since 04.12.2025 in connection with Abhayapuri Police Station Case No. 265/2025 registered under Section 331 (4)/305 (a) / 310 (2) of the Bharatiya Nyaya Sanhita, 2023 and added Section 310(2) of BNS, 2023. 3. In this case, the present petitioner was arrested on 04.12.2025 and is stated to have completed 65 days in custody. He was also examined in custody for three days. 4. The allegations in the FIR pertain to commission of dacoity. 5. Case diary has been received. 6. The learned counsel for the petitioner submits that materials against the petitioner do not pertain to dacoity and therefore, Section 3(10)(2) BNSS pertaining to dacoity would not come and with regard to the other penal provisions, the statutory period is 60 days. 7. The learned Additional Public Prosecutor submits that main allegations against the petitioner is that he helped to sell some stolen property to one goldsmith and helped the dacoit to escape. 8. The learned Additional Public Prosecutor submits that some of the stolen property has not been recovered and he opposes the grant of bail to the petitioner. 9. Upon considering the matter in its entirety and also the aspects of the statutory period, as pointed out by the learned counsel – perhaps subject to suitable conditions regarding Page No.# 3/3 subsequent bail, the petitioner is granted bail at this stage, also keeping in mind the length of detention and the progress of investigation. 10. Accordingly, the above-named accused is allowed to go on bail of Rs.40,000/- (Rupees forty Thousand) only with one surety of like amount subject to the satisfaction of the concerned learned court with following conditions: i) shall cooperate with the remaining investigation; ii) shall not hamper or tamper with evidence; iii) shall not misuse his liberty to commit any illegal activities and offence 11. Return back the case diary. 12. Violation of bail conditions might entail cancellation of the bail. 13. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant