AB/1586/2026 of MUSTAK ALI AND ANR Vs THE STATE OF ASSAM on 5 August 2026

O R D E R

06.08.2026.

Heard Mr. D. Deka, learned counsel appearing for the accused petitioners. Also heard Mr. B. Sarma, learned Addl. P.P., Assam, appearing for the State respondent. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, i.e. (1) Mustak Ali and (2) Mustakim Ali @ Raja who are apprehending arrest in connection with the Nazira P.S. Case No. 29/2026, registered under Sections 306/316(4)/317(2)/3(5)of the BNS, 2023. The case of the prosecution is that the present accused-petitioners, along with another co-accused namely, Mujakir Ahmed @ Bhutuk, had entered into a criminal conspiracy to commit theft of clothes from the shop of the informant. In furtherance of such conspiracy, the said co-accused allegedly came to the shop on one occasion and removed the clothes therefrom. Accordingly, the instant case was registered under the aforesaid provisions of law. The case diary was called for by order dated 20.07.2026. However, the same has not been produced and is stated to be unavailable with the learned Additional Public Prosecutor, Assam.

Mr. Deka, learned counsel appearing for the accused-petitioners, submits that the petitioners are innocent and have been falsely implicated in the present case. It is further submitted that they are ready and willing to cooperate with the investigation and shall appear before the Investigating Officer as and when required. Having considered the nature of the allegations, the stage of investigation, the fact that the case diary has not been produced despite being called for, and there being an assurance on behalf of the petitioners that they shall cooperate with the investigation, this Court is of the view that custodial interrogation of the petitioners does not appear to be necessary at this stage. The right to personal liberty guaranteed under Article 21 of the Constitution of India also deserves due consideration while examining a prayer under Section 482 of the BNSS, 2023. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the accused-petitioners. Accordingly, the accused petitioners are granted the privilege of pre-arrest bail and it is provided that in the event of their arrest, the accused petitioners named above shall be released on pre-arrest bail in connection with the Nazira P.S. Case No. 29/2026, on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand only) with one surety of like amount for each of them, to the satisfaction of the arresting authority, subject, of course, to the following conditions:-

i) That the petitioners will appear before the Investigating Officer within 7

days, failing which on and from the 8th day, the interim-pre arrest bail order shall have no force;

ii) That the petitioners will 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 from disclosing such facts to the Court or to any Police Officer; and

iii) That the petitioners will refrain from committing any similar offences in future of which they are accused or suspected of commission. With the above observations and directions, the Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant