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2026 DAILYLAW 9892 (GAU)

ABU HANIF AHMED v. THE STATE OF ASSAM

AB/63/2026 · 2026-07-21

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/4 GAHC010001252026 2026:GAU-AS:10007 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/63/2026 ABU HANIF AHMED S/O ABU JAYED AHMED, R/O VILL. BANIAMARI PT 3, P.S. GAURIPUR, DIST. DHUBRI, PIN 783349, STATE ASSAM., PHONE NO. 98643-83578 VERSUS THE STATE OF ASSAM REPRESENTED BY LEARNED PP, ASSAM. Advocate for the Petitioner : MR. A BARUAH, MR. J P MORE,MR. N KONWAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 22.07.2026 Heard Mr. A. Baruah, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioner namely, Abu Hanif Ahmed has prayed for granting pre-arrest bail, apprehending arrest in connection with Bilasipara P.S. Case No. 383 of 2025 under Sections 318(4)/ 316(2) of BNS, 2023. 3. The FIR was lodged on 13.09.2025 with the allegation that on 27.05.2024, at the solar Finance Office in Bilasipara, one Alto Car was sold to the accused No. 1, who agreed to pay the monthly installment, and after delivery of the vehicle, he did not pay the same and he has sold the vehicle to the third person. 4. The learned counsel for the petitioner rightly points out that the FIR was lodged after 1 year of the incident. The petitioner is willing to appear before the I.O. for recording his statement. 5. The learned Additional Public Prosecutor has raised serious objection to the anticipatory bail petition stating that there are incriminating materials in the case diary against the petitioner. 6. I have considered the submissions at the Bar with circumspection. Page No.# 3/4 7. It is also submitted on behalf of the petitioner that the petitioner had sold the vehicle to a person named Dibyajyoti Bora and he is the person responsible to pay the installments. 8. I have considered the submission that the petitioner had appeared before the I.O and has cooperated with the investigation. The petitioner is willing to cooperate with the investigation further. 9. I have also scrutinized the case diary. 10. Considering the entire aspect of the matter, the interim order dated 09.01.2026 is made absolute under the conditions : i) the petitioner shall appear before the I.O within 1(one) week and cooperate with the investigation; ii) the petitioner shall appear before the I.O on every fortnight, till completion of investigation; iii) the petitioner shall refrain from such activities with which he is alleged; iv) the petitioner shall not try to influence the witnesses; v) the petitioner shall not leave the jurisdiction of the Court without prior permission. 11. On breach of any of the bail conditions, bail order shall stand cancelled. 12. Send back the Case Diary. Page No.# 4/4 13. Accordingly, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant