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2026 Supreme(Online)(Gau) 23243

THE GAUHATI HIGH COURT
Kalyan Rai Surana, J
NURUL ISLAM AND ANR – Appellant
Versus
THE STATE OF ASSAM – Respondent
AB/1553/2026



Advocates:
For the Appellants/Petitioners: A N Iqbal, M Ahmed
For the Respondents: PP, Assam

Grant of interim pre-arrest bail considering the delay since the FIR was lodged and the requirement for petitioners to cooperate with the investigating agency.

Headnote:The petitioners sought pre-arrest bail under Section 482 of the BNSS in connection with a case involving alleged fraud related to Pre-Matric Scholarships, involving Sections 120(B), 406, 409, 419, 420, 468, and 471 of the IPC and Sections 66(C) and 66(D) of the Information Technology Act, 2000. The petitioners contended that they did not receive the scholarship funds and failed to appear before the CID due to fear of arrest. The court examined the timing of the FIR and the notice served to the petitioners. The primary issue was whether interim protection should be granted pending the production of the case diary. The court granted interim bail on a bail bond of Rs.30,000/- each with one suitable surety, subject to conditions including cooperation with the investigation and non-interference with witnesses.

ORDER

Heard Mr. A. N. Iqbal, learned counsel for the petitioners and Mr. K. Baishya, learned Addl. PP for the State.

Apprehending arrest in connection with CID P.S. Case No. 20/2020 under Sections 120(B)/406/409/419/420/468/471 of the IPC, r/w Sections 66(C)/66(D) of the Information Technology Act, 2000, the petitioners, namely, (1) Nurul Islam, and (2) Jomila Khatun @ Jamila Khatun, have prayed for pre-arrest bail under Section 482 of the BNSS.

The petitioners contend that pursuant to the FIR lodged in connection with CID P.S. Case No. 20/2020, the petitioners have received a WT message, requiring their presence before the CID on 07.07.2026 at 11 a.m. The petitioners contend that they have not received any Pre-Matric Scholarship, for which the investigation is being carried out. It has been submitted that out of fear of arrest, the petitioners did not appear on the date fixed.

The scanned copy of the case diary be produced on the next date of listing.

The learned counsel for the petitioners prayed for interim bail, which is opposed by the learned Addl. PP for the State.

Considering the fact that the FIR was lodged on 28.08.2020 and the petitioners on receipt of the notice to appear before the Investigating Agency, the Court is inclined to grant interim protection by providing that in the event of their arrest, the petitioners, named above, in connection with the aforesaid case, shall be released on interim bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand only) each with one suitable surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

I. That the petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required. Moreover, notice under section 35(3) of the BNSS is served at the address and/or place of residence. It would constitute due service of notice at the petitioners to appear before the I/O.

II. That the petitioners 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

III. That the petitioners shall not obstruct the smooth progress of the investigation/trial.

IV. That the petitioners shall not misuse his liberty in any manner.

V. That the petitioner shall not jump over the bail.

Failing which the interim bail shall stand lapse by efflux of time.

List this matter on 29.07.2026

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