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2026 DAILYLAW 11966 (GAU)

ABUL HUSSAIN BARBHUIYA v. THE STATE OF ASSAM

AB/1292/2026 · 2026-08-06

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010120432026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1292/2026 ABUL HUSSAIN BARBHUIYA S/O- LATE USMAN ALI BARBHUIYA. R/O- RAMNAGAR TILAGRAM, P.O. TARAPUR PART-III. P.S. SILCHAR. DIST- CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. Advocate for the Petitioner : MR. N J DUTTA, H YEASMIN,MR. N H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 07.08 . 2026 Heard Mr. N. H. Laskar, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 praying for the grant of pre-arrest bail to the petitioner. Page No.# 2/3 3. The gist of the prosecution case, as revealed from the FIR, is that the informant, namely, Saurab Thakur of Meherpur, Silchar, alleged that for the last 20-25 days he had been receiving threatening and blackmailing calls and WhatsApp messages from mobile numbers 6901292129 and 9394169629. It is alleged that the sender demanded money and other favours on the pretext of extending false project-related benefits and threatened to defame the informant if the demands were not fulfilled. Even after one of the numbers was blocked, similar threatening messages were allegedly received from another mobile number. On the basis of the said allegations, the present case was registered and investigation was taken up. 4. The learned counsel for the petitioner submits that the phone numbers mentioned in the FIR do not belong to the petitioner who is a plumber and has no role in the present case, but since, the police has visited him once, he apprehends arrest. It is further submitted that the case is registered under Section 308(4)/351(2) of BNS, out of which the second one is a bailable offence and furthermore, the ingredients of Section 308(4) are not satisfied even as per the allegations made in the FIR, taken in the face value, inasmuch as Section 308(4) involves a threat to cause the death of the person threatened. 5. The learned Addl. P.P submits that the charge-sheet has already been submitted vide C.S. No. 609/2026 dated 15.06.2026 and in this regard he has received communication dated 02.08.2026 which is kept on record. 6. It is submitted that pursuant to interim protection granted by this Court, the petitioner has appear before the I.O and his statement was also recorded. 7. Having regard to the above, as well as to the fact of completion of investigation, the custodial interrogation of the petitioner is no longer necessary. Page No.# 3/3 8. Accordingly, the prayer for pre-arrest bail is allowed. Order of interim pre- arrest bail dated 16.06.2026 is hereby made absolute. 9. It is further provided that the petitioner shall cooperate with the trial and he shall not try to intimidate or influence any witnesses acquainted with the facts of this case, in any manner. JUDGE Comparing Assistant