Adil Hoque v. the State of Assam

Gauhati HC15 Mar 2026AB/2824/2025

Case brief

AI extract

What is this about?

Pre-arrest bail / anticipatory bail under S.482 BNSS 2023; Gauhati High Court, AB/2824/2025, decided 16-03-2026, Mitali Thakuria, J.; accused in Nagaon P.S. Case No. 940/2024 (G.R. No. 2646/2025), Ss.303(2)/317(3) BNS 2023, alleging sale of a stolen vehicle (allegedly sold for Rs. 2,30,000/-; petitioner allegedly received Rs. 10,000/- commission); vehicle recovered from co-accused Bubul Deka; petitioner had cooperated with I/O after interim bail dated 16.12.2025; custodial interrogation held not necessary; interim bail made absolute on same terms and conditions.

What did the court decide?

Application allowed: interim pre-arrest bail granted on 16.12.2025 made absolute with the same terms and conditions. ¶¶7

Adil Hoque Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

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GAHC010266812025

2026:GAU-AS:3834

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2824/2025

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ADIL HOQUE

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S/O. BAHNUR ALI,R/O. SALIKAJHAR, P.S. SIPAJHAR, DISTRICT DARRANG, ASSAM, PIN CODE 784148

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. RAJARSHEE DE, MR. F A HASSAN

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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Date : 16-03-2026

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Heard Mr. R. De, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent.

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2. This is an application filed under Section 482 of the Bharatiya Nagarik

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Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioner, namely, Adil Hoque in connection with Nagaon P.S. Case No. 940/2024 corresponding to G.R. No. 2646/2025 under Sections 303(2)/317(3) of BNS, 2023.

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3. Case Diary received. Perused the same.

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4. It is submitted by Mr. De, the learned counsel for the petitioner that the present accused/petitioner is innocent. However it is a fact that he purchased the vehicle from one scrap dealer and it was sold to one Bubul Deka, for which he got a commission of Rs. 10,000/-, which is also credited to his account. That apart, he is not at all involved in the alleged offence. However, after obtaining the order of interim pre-arrest bail i.e. on 16.12.2025, he appeared before the I/O, cooperated in the investigation and his statement is also recorded by the I/O. He is still ready and willing to extend his cooperation in the further investigation of this case, if he is granted with the privilege of pre-arrest bail.

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5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that from the available materials of the Case Diary it is seen that he is the main culprit of this case who sold the stolen vehicle to one of the coaccused at Rs. 2,30,000/- wherefrom the vehicle was recovered. Further, he submitted that the I/O has given a note wherefrom it is seen that his further custodial interrogation may be necessary to unearth some more facts of this case. Mr. Sharma accordingly raised objection to allow him to go on pre-arrest bail.

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6. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary and it is a fact that the vehicle has been recovered

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from one of the co-accused Bubul Deka but, considering the other materials in the Case Dairy and the progress of the investigation, vis-a-vis the recovery of the vehicle, I find that custodial interrogation may not be necessary for the interest of investigation.

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7. In view of above, the interim bail granted to the present petitioner dated 16.12.2025 is hereby made absolute with same terms and conditions.

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JUDGE

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Adil Hoque v. the State of Assam

Case brief

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Adil Hoque v. the State of Assam

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