AB/1544/2026 of NAZAR ALI AND ANR Vs THE STATE OF ASSAM on 5 August 2026

O R D E R

06.08.2026.

Heard Mr. M. Ahmed, 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) Nazar Ali and (2) Sahadul Islam who are apprehending arrest in connection with the Thelamara P.S. Case No. 36/2026, registered under Sections 318(4)/308(2)/3(5) of the BNS, 2023. The case of the prosecution is that on 10.06.2026, one Rafiqul Islam lodged an F.I.R. in the jurisdictional police station alleging inter alia that a case was earlier registered in the same police station in connection with theft of battery and in connection with the said case, the present petitioners demanded Rs.50,000/- from him to settle the case. It is further alleged that though he had paid the amount, the settlement was not done and the case is still pending against the informant. It is submitted by the learned counsel for the petitioners that the case referred to by the informant was charge sheeted in 2023. It is pertinent that vide order dated 16.07.2026, the present accused/petitioners were granted pre-arrest bail subject to conditions thereof. Mr. Sarma, learned Addl. P.P., Assam, appearing for the State respondent submits that the petitioners have appeared before the I.O., in terms of the interim pre-arrest bail order passed by this Court on 16.07.2026. He further submits that the statement of the accused/petitioners has been recorded under Section 180 of the BNSS, 2023 and they are cooperating with the investigation of the case. I have considered the submissions advanced by the learned counsel for the parties and have considered the materials available in the case record. It appears from the record that the petitioners are cooperating with the investigation of the case and the statement of the accused/petitioners under Section 180 of the BNSS, 2023 has already been recorded. It further appears that there are no adverse materials available on record against the antecedent of the accused petitioners. Accordingly, this Court is of the opinion that custodial interrogation of the accused petitioners may not be necessary for the ongoing investigation. As such, the interim pre-arrest bail order passed by this Court on 16.07.2026 in favour of the accused petitioners is hereby made absolute, in the same terms and conditions. With the above observations and directions, the Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant