Bail Appln./3069/2026 of MAHAMMAD ALI ALIAS MOHAMMAD ALI ALIAS MUHAMMAD ALI Vs THE STATE OF ASSAM on 29 September 2026

ORDER

30.09.2026 Heard Ms. S.G. Baruah, learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

2. This application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by accused, namely, Mahammad Ali @ Mohammad Ali @ Muhammad Ali, who has been languishing in jail hazot since 05.09.2026, in connection with Laluk P.S. Case No.191/2026, under Sections 112/3(5)/3(6)/3(8)/3(9)/308(6)/ 308(7)/317(4)/318(4)/319(2)/351(2)/351(3)/61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, for grant of bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Indrajit Doley, Sub-Inspector of Police, In-charge of Dolohat Out Post under Laluk P.S., on 05.09.2026. The essence of allegation, made in the FIR, dated 05.09.2026, is that some persons possessing neither office, authority nor professional qualification has taken up position in and about the precincts of the Laluk P.S. for the last six months and they used to cheat and extorting distress members of the public under the guise of legal authority and police attachment and thereby rendering deceitful legal advice, executing deeds and habitually dealing with the stolen properties.

4. Ms. Baruah, learned counsel for the accused, submits that the accused was arrested on 05.09.2026 and since then he has been languishing in jail hazot for last 26 days and that he is innocent and no way involved with the offence alleged in the FIR and he is ready to cooperate with the investigating agency and under such circumstances, he has contended to allow this application.

5. Per contra, Mr. Borthakur, learned Additional P.P. has produced the case diary before this Court and submits that the I.O. has collected some materials in support of the allegation made in the FIR and that the investigation is going on and some of the co-accused are yet to be arrested and if he is enlarged on bail, it would cause prejudice to the investigating agency and therefore, he has contended to dismiss the petition.

6. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Borthakur, learned Addl. P.P.

7. It appears that the I.O. has collected some materials in support of the allegation made in the FIR. But, at the same time, it also appears that the accused is languishing in jail hazot for last 26 days. Further, it appears from the case diary that the I.O. has achieved substantial progress in the investigation of this case and the further custodial detention of the accused may not be required in the interest of investigation and therefore, this Court is inclined to allow this application.

8. Accordingly, it is provided that on furnishing a bond of Rs.10,000/-, with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, North Lakhimpur, the accused, namely, Mahammad Ali @ Mohammad Ali @ Muhammad Ali, shall be enlarged on bail.

9. In terms of above, the bail application stands disposed of.

10. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE