Page No.# 1/4 GAHC010046102026 2026:GAU-AS:5190 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/469/2026 MUKTAR HUSSAIN AND ANR S/O ABDUL AZIZ,R/O VILL- NO. 2 THEKERABARI, P.S. DHULA, DIST. DARRANG, ASSAM 2: MUBARAK HUSSAIN S/O HAREK ALI R/O VILL NO. 2 THEKERABARI P.S. DHULA DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A SHARMA, MAYURI BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 07-04-2026 Heard Mr. S. Bhuyan, learned counsel for the petitioners and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. Page No.# 2/4 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, namely, (i) Muktar Hussain and (ii) Mubarak Hussain who are apprehending arrest in connection with G. R. Case No. 225/2025, P. R. Case No. 577/2025 arising out of Dhula P.S. Case No. 32/2025 registered under Sections 329(4)/109(2)/118(2)/3(5) of the BNS, 2023. 3. Scanned copy of the TCR has already been received. Perused the same. 4. It is submitted by Mr. Bhuyan, learned counsel that these two petitioners are innocent and they have not committed any such offence as alleged in the FIR. However, during the investigation, they obtained the order of interim pre-arrest bail and accordingly they went to the police station but they were not aware about the legal procedure and for which their statements were not recorded by the I.O. 5. Subsequently, with a view that the petitioners did not cooperate with the investigation, their interim bail prayer was rejected by the Court of learned Sessions Judge. Thereafter, the petitioners approached this Court but on the basis of the earlier order passed by the learned Sessions Judge, their pre-arrest bail prayer was rejected by this Court. 6. He further submitted that the case is charge sheeted and they were shown as an absconder in the charge sheet, without following the proper procedure as required under the law. 7. However, the petitioners are ready and willing to contest the case, if they are provided with some interim protection, till the case is committed to the Court of learned Sessions Judge. 8. He furthers submitted that as the case is of committal in nature, there is a probability of their arrest in the present case, if they appear before the Court of learned CJM and hence, they may be provided with some interim protection. 9. Mr. Goswami, learned APP submitted in this regard that from the case record Page No.# 3/4 and the case diary it reveals that there are sufficient materials against the present petitioners and the victim as well as other witnesses also uttered the names of these two petitioners stating that they are also fully involved in the alleged offence. 10. He further that the petitioners did not cooperate during the investigation of the case and for which they were shown as an absconder in the charge sheet. However, they may be given a chance to appear before the learned Trial Court with an appropriate application for bail, which may be considered in accordance with law. 11. Heard the submissions made by the learned counsel for the parties and I have also perused the case record and the annexures filed along with the petition. 12. It reveals that these two petitioners were earlier provided with interim pre- arrest bail, but considering their non cooperation in the investigation, their interim bail prayer was rejected and considering this aspect of the case, their subsequent bail application was also rejected by this Court. However, it is seen that these two petitioners are repeatedly appearing before the Court seeking pre-arrest bail and it may be due to their ignorance, they did not cooperate with the investigation after obtaining interim pre-arrest bail. 13. Considering all these aspects of the case, this Court is of the opinion that one more chance may be given to the petitioners to appear before the learned Trial Court with an appropriate application for bail, which may be considered in accordance with law. 14. However, considering the submission made by Mr. Bhuyan, learned counsel, the petitioners are hereby provided with interim protection till the case is committed before the Court of learned Sessions Judge by the Court of learned CJM. 15. Accordingly, no coercive action shall be taken against the present petitioners, till the case is committed before the Court of learned Sessions Judge by the learned CJM. 16. Further, the learned CJM is hereby directed commit the case record before the Page No.# 4/4 Court of learned Sessions Judge preferably within a period of 15 (fifteen) days from the date of order. 17. With the above observation and directions, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant