Page No.# 1/3 GAHC010002862026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./53/2026 ABDUL BAREK AND ANR S/O FAIJUDDIN VILL- BORSOLA P.S. NAOBOICHA DIST. LAKHIMPUR, ASSAM 2: ARIFUL ISLAM S/O ABU TALEB MONDAL VILL- SAKTOLA P.S. LAKHIPUR DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ALI, H R KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 11.03.2026 1. Heard Mr. M. Ali, learned counsel appearing for the accused petitioners as well as Mr. K. K. Parasar, learned Additional Public Page No.# 2/3 Prosecutor, Assam appearing for the State respondent. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, Abdul Barek and Ariful Islam praying for grant of bail in connection with Hatigaon P.S. Case No.202/2025 under Sections 316(2)/318(4) of the BNS Act. 3. Earlier bail petition was rejected by this Court on 16.12.2025 in BA No. 3876/2025. 4. The gist of the allegations in the FIR dated 18.11.2025 is that source information was received about involvement of some persons in dealing with fake gold, whereupon, G.D No. 10 dated 18.11.2025 was made in Hatigaon P.S and search was conducted in the residence of both the above named petitioners and in the presence of witnesses, gold suspected to be fake weighing 614 grams was recovered. 5. The petitioner were arrested on 18.11.2025. In the ground of arrest at the time of forwarding, it is stated that the accused persons are involved in selling of fake gold to persons and that a fake gold selling racket in active in Guwahati and other parts of the State and for which, investigation is being conducted with a view to dismantling the nexus. 6. Learned counsel for the petitioner submits that at the time of granting interim bail they have already spent 52 days in pre-trial detention. He further submits that pursuant to grant of interim they have not violated any condition and also rendering their co-operation. Therefore, prays that the interim bail may be made absolute. 7. Case diary has been received and the learned Additional Public Prosecutor has drawn attention of the Court to the relevant portions and Page No.# 3/3 submits that investigation so far reveals incriminating materials lending support to the allegations about the involvement of the accused persons in dealing in fake gold. However, Prosecution has not contested the submission of the petitioner side that during the period of interim bail, the petitioners have not violated any conditions or committed any illegal activity. 8. Seeing that aspect, as also the progress of investigation, this Court is not inclined to cancel the interim bail. Accordingly, the interim order passed earlier on 09.01.2026 is hereby made absolute subject to the conditions that the petitioners: (a) Shall co-operate with the remaining investigation; (b) Shall not hamper or tamper with the evidence of the case; (c) Shall not indulge in any illegal activity or offence. 9. Accordingly, this anticipatory bail application stands allowed and disposed of. 10. Return the case diary. JUDGE Comparing Assistant