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2026 Supreme(Online)(Gau) 13096

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Mitali Thakuria, J
AAJGHAR ALIAS ABDUL JBBAR – Appellant
Versus
THE STATE OF ASSAM – Respondent
AB/900/2026



Advocates:
For the Appellants/Petitioners: M Kalita, H Boruah, N M Das, J Hatimuria
For the Respondents: PP, Assam

Grant of interim pre-arrest bail to an accused to ensure their appearance and cooperation during the investigation process under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Headnote:The petitioner sought pre-arrest bail under S. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in relation to Gohpur P.S. Case No. 04/2026, involving alleged offenses under S. 61(2), 308, 316(2), and 318(4) of the Bharatiya Nyaya Sanhita, 2023. The court determined that the circumstances warranted the extension of interim protection to facilitate the petitioner's cooperation with the investigation. The central issue was whether the petitioner was entitled to interim pre-arrest bail. The court reasoned that granting such privilege would ensure that the petitioner could appear and cooperate in the investigation of the case. he shall be enlarged on interim pre-arrest bail on executing a bond of Rs. 20,000/- (Rupees twenty thousand) only, with one surety of like amount to the satisfaction of the arresting authority

O R D E R

Heard Mr. M. Kalita, learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Addl. P.P., Assam appearing on behalf of the State respondent.

This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Aajghar @ Abdul Jabbar who is apprehending arrest in connection with the Gohpur P.S. Case No. 04/2026 under Sections 61(2)/308/316(2)/318(4) of the BNS, 2023.

Call for the case diary, fixing the matter on 25.05.2026.

Considering the submissions made by learned counsel for both sides and the materials available in the case record, I find that it is a fit case to extend the privilege of interim pre-arrest bail to the petitioners, so that he can appear and cooperate in the investigation of the case.

Accordingly, it is provided that in the event of arrest of the accused/petitioner, named above in connection with the Gohpur P.S. Case No. 04/2026, he shall be enlarged on interim pre-arrest bail on executing a bond of Rs. 20,000/- (Rupees twenty thousand) only, with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:-

(i) that the petitioner shall make himself available for interrogation by the Investigating Officer within 7 (seven) days;

(ii) that the petitioner shall fully co-operate with the investigation of the case and will appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and

(iii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer.

List the matter on 25.05.2026, for case diary.

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