Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/980/2026 MALEK UDDIN AND ANR S/O-SHAHAR ALI, RESIDENT OF VILLAGE - GASBARI, PSMAYONG, DIST- MORIGAON, ASSAM, PERMANENT RESIDENT OF 1NO. KACHUTULI DIGARUPAR NC, KAMRUP (M), ASSAM. 2: SHAHIDUR ISLAM S/O - ASMAT ALI RESIDENT OF VILLAGE- BALIGHAT P.S.- SHONAPUR DISTRICTKAMRUP M ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MR A K AZAD, MR N JAMAL,MR. I HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 23.06.2026 Heard Mr. A.K. Azad, learned counsel for the petitioners, Malek Uddin and
Page No.# 2/3 Shahidur Islam, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Sonapur Police Station Case No. 36/2026 under Sections 112/316(2)/318(4)/335(A) (ii)/336(3)/61(2) of Bharatiya Nyaya Sanhita, 2023. 2. Anticipatory Bail prayer for the petitioner, Shahidur Islam is not pressed as he has already been arrested in connection with Sonapur Police Station Case No. 36/2026 under Sections 112/316(2)/318(4)/335(A) (ii)/336(3)/61(2) of Bharatiya Nyaya Sanhita, 2023. 3. Mr. K.K. Das, learned Additional Public Prosecutor, Assam for the respondent State has raised serious objections stating that there are incriminating materials in the case diary against the petitioner. The petitioner is involved in procuring signatures/thumb impressions of innocent villagers and obtaining passport size photograph and PAN cards. Thereafter, the petitioner has created accounts and the petitioner has used this account as mule accounts to transfer money and siphon off illegal funds. 4. It is also submitted by the learned Addl. P.P. that this petitioner is the master mind. 5. Case Diary is received. 6. The learned counsel for the petitioner has submitted that the petitioner has suffered from a fracture on his arm and he may be granted anticipatory bail on this ground. 7. I have also scrutinised the case dairy. Page No.# 3/3
8. There are incriminating materials against the petitioner. It appears that investigation may be adversely affected if the petitioner is insulated by an order of anticipatory bail. The petitioner’s co-operation in the investigation is necessary. The petitioner has been evading arrest and also he has been evading to co-operate with the investigation. 9.
Considering all aspects, the anticipatory bail prayer of the petitioner is rejected at this stage. 10. Send back the case dairy
JUDGE Comparing Assistant