Extracted from the PDF above. The PDF is authoritative.
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2026:GAU-AS:2987
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./548/2026 MD ABBAS ALI S/O- MD SOBDER ALI, VILLAGE- TIYAPARA, P.S.- PANCHARATNA, DISTRICT- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER Date : 26.02.2026 Heard Mr. N. Uddin, learned counsel for the accused applicant. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam.
2. This is an application filed under Section 483 of the
Page No.# 2/3 Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying for grant of bail to the accused applicant in connection with Abhayapuri P.S. Case No.265/2025, registered under Sections 331(4)/305(a) of BNS.
3. The brief facts of the case are that Shri Ajay Shankar Das lodged an FIR dated 29.11.2025, alleging that on the night of 26.11.2025, after he went to sleep, some miscreants entered his house from the backside by breaking the back door; that after spraying some liquid substance on their faces, the informant and his family members became unconscious, and the miscreants broke open the almirah and stole gold ornaments and cash amounting to Rs. 24,000/-.
4. On receipt of the FIR, the police registered Abhayapuri P.S. Case No. 265/2025 under the aforementioned sections. During the investigation, the police arrested the accused applicant along with some other persons, and since then, for the last 84 days, the accused applicant has been in judicial custody.
5. The learned counsel for the accused applicant submits that the accused applicant has been arrested purely on suspicion and it is yet to be proven whether the ornaments recovered were stolen or not. He further submits that since the accused applicant has already spent 84 days in judicial custody, his further detention may not be necessary in the instant case. Therefore, he submits that the accused applicant should be granted bail at this stage. He further submits that all the co-accused have already been granted bail by a Coordinate Bench of this Court as well as by this Court.
6. The learned Addl. P.P., on the other hand, submits that there are incriminating materials against the accused applicant and, therefore, opposes bail at this stage.
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7. Having considered the submissions made by the learned counsel for the parties, and taking into account that the other co-accused have already been granted bail and that the accused applicant has already spent 84 days in custody, this Court is of the considered opinion that further custodial detention of the accused applicant in the instant case may not be required. Therefore, it is
directed that the accused applicant shall be released forthwith on bail upon furnishing a bail bond of Rs. 50,000/- (Fifty Thousand only) with a surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), North Salmara, Abhayapuri, Bongaigaon, subject to the following conditions: (i) that the accused applicant shall cooperate with the Investigation Officer as and when required; (ii) that the accused applicant shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such
facts before the Investigating Officer; and (iii) that the accused applicant shall not hamper or temper with the investigation in any manner.
8. In view of the aforesaid directions, this bail application stands disposed of, as allowed. JUDGE Comparing Assistant