AB/1346/2026 of GULAM MUSTAK AHMED ALIAS MUNNA AHMED Vs THE STATE OF ASSAM on 16 September 2026

ORDER

Date : 17-09-2026 Heard learned counsel Mr. B. Mahajan for the petitioner Gulam Mustak Ahmed @ Munna Ahmed, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Boko Police Station Case No. 60/2026

registered under Sections 126(2)/310(2)/118(2)/109(1) of the Bharatiya Nyaya Sanhita, 2023 read with Section 25 (1A) of the Arms Act.

2. Heard learned Additional Public Prosecutor Mr. B. Sarma for the respondent State.

3. The learned counsel for the petitioner has submitted that the victim has not suffered any serious injuries and the petitioner has been erroneously booked under a serious offence. There is no incriminating material of dacoity against the petitioner. The victim, Pranab Mahanta, on the contrary, is of aggressive nature and in a scuffle, the victim had himself sustained injuries, but the petitioner is not complicit. The petitioner cannot be booked under the Arms Act as the petitioner was not carrying any arms. The allegation clearly reveals that the co-accused Jitu Das was with pistol and the co-accused who is also the prime accused has already been enlarged on bail vide the order of this Court dated 08.04.2026 in connection with Bail Application No. 930/2026.

4. It is submitted that contrary to the submissions of the learned Additional Public Prosecutor, the petitioner has approached this Court on change of circumstances. At present, the petitioner is blessed with a child. While this petition was submitted, his wife was pregnant. Annexure-V series are the medical documents, which clearly reveals that the petitioner’s wife was expecting. Now, she is blessed with a child. The petitioner’s wife requires the petitioner’s help to bring up the new born baby and she is suffering alone as she is alone with the new born baby. The order in Bail Application No. 930/2026 clearly reflects that the victim has not suffered any grievous injuries.

5. Per contra, learned Additional Public Prosecutor Mr. B. Sarma laid stress in his argument that no change of circumstance has been projected by the petitioner on the subsequent bail application. Earlier, the petitioner’s anticipatory bail application was rejected by this Court vide order dated 18.05.2026 in connection with AB/694/2026.

6. It is further submitted that there are incriminating materials against the petitioner. The petitioner is not entitled to anticipatory bail as he is a history sheeter and he has been booked in a case under Section 302 of the Indian Penal Code, 1860 (IPC for short) in connection with Boko Police Station Case No. 291/2025 and this case was also registered under Section 27 (1) of the Arms Act.

7. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. I have considered the submission on the change of circumstance that the petitioner is blessed with a child at present. I have also considered the submission that the petitioner has pledged to cooperate with the remaining part of investigation. He is willing to abide by any stringent bail conditions if imposed upon him. The petitioner being a local resident is not a flight risk. There are indeed incriminating materials in the Case Diary against the petitioner. The statement of the victim has been recorded. The statements of several witnesses have been recorded. The medico-legal report depicts that the victim has sustained simple blunt cut injury on his forehead. It appears that anticipatory bail may be granted to the petitioner subject to certain conditions. Investigation has progressed substantially.

8. Petition is allowed.

9. In the event of his arrest, the petitioner Gulam Mustak Ahmed @ Munna Ahmed shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :-

(i) the petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation;

(ii) the petitioner shall refrain from such activities with which he is alleged;

(iii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation;

(iv) the petitioner shall not exercise threats to the witnesses or try to influence them and

(v) the petitioner shall not leave the jurisdiction of the Court without prior permission.

10. On breach of any of the bail conditions, pre-arrest bail granted to the petitioner shall stand cancelled.

11. Send back the Case Diary. JUDGE Comparing Assistant