Gauhati High Court
AB/2156/2026 of NUR MAHAMMAD ALIAS NUR MOHAMMAD Vs THE STATE OF ASSAM on 28 September 2026
GAHC010195002026 2026:GAU-AS:14478 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2156/2026 NUR MAHAMMAD ALIAS NUR MOHAMMAD S/O JAYNAL ABDIN R/O VILL. AND P.O.- TUKTUKI, P.S.- DHING, DIST.- NAGAON, ASSAM, PIN- 782123 VERSUS THE STATE OF ASSAM
GAHC010195002026
2026:GAU-AS:14478
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2156/2026
NUR MAHAMMAD ALIAS NUR MOHAMMAD
S/O JAYNAL ABDIN
R/O VILL. AND P.O.- TUKTUKI, P.S.- DHING, DIST.- NAGAON, ASSAM, PIN- 782123
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR A N IQBAL, Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
Date : 29.09.2026
Heard Mr. A.N. Iqbal, learned counsel for the applicant and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State respondent.
2. Apprehending arrest in connection CID P.S. Case No. 20/2020, under Sections 120B/406/409/419/420/468/471 of the IPC, read with Sections
66(C)/66(D) of the Information Technology Act, 2000, this application under Section 482, BNSS is preferred by applicant, namely, Nur Mahammad @ Nur Mohammad, for grant of pre-arrest bail.
3. The aforesaid case has been registered on the basis of an FIR, lodged by the Director of Assam Minorities Development Board-cum-State Nodal Officer, Pre-Matric Scholarship for Minorities, Assam on 28.08.2020. The essence of allegation in the FIR dated 28.08.2020, relates to embezzlement of the scholarships meant for the students of Karimganj district, Goalpara district and Dhubri district.
4. Mr. Iqbal, learned counsel for the applicant submits that the applicant had been granted the privilege of interim pre-arrest bail, vide order dated 09.09.2026, and pursuant to the said order, he had also appeared before the I.O. and he has been cooperating with the investigating agency, and that the applicant is innocent and ready to cooperate with the investigating agency, and therefore, Mr. Iqbal has contended that the interim order dated 09.09.2026, may be made absolute in the same terms and conditions.
5. On the other hand, Mr. Parasar, the learned Additional Public Prosecutor has produced the case diary before this Court and submits that the applicant had appeared before the I.O. and he has been cooperating with the investigating agency. Mr. Parasar also submits that the investigation is still going on, though the case was registered in the year 2020.
6. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Parasar, learned Additional Public Prosecutor.
7. Since the applicant has been extending cooperation with the investigating agency and also appeared before the I.O. and since his statement has already been recorded, this Court is of the view that his custodial interrogation may not be required for the interest of investigation.
8. Accordingly, the interim order dated 09.09.2026, is hereby made absolute in the same terms and conditions.
9. In terms of above, this application stands disposed of.
10. Case diary be returned. JUDGE Comparing Assistant