Page No.# 1/3 GAHC010171892026 2026:GAU-AS:11526 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1887/2026 ANWAR HUSSAIN BORBHUYAN S/O - LATE NOOR UDDIN BORBHUYAN R/O DABOKA TOWN, WARD NO. 4, P.O. P.S. - DOBOKA, DISTRICT - HOJAI ASSAM, PIN - 782440 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. D P BORAH, MS. T BURAGOHAIN,MR B PAUL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14.08.2026 Heard Mr. D.P. Borah, learned counsel appearing for the accused-applicant. Also heard Mr. M.P. Goswami, learned Addl. P.P., representing the State. 2. This is an application filed under Section 482 of BNSS 2023, praying for grant of pre-arrest bail to the accused-applicant in connection with Doboka P.S. Case No. Page No.# 2/3 123/2026, registered under Sections 115(2)/3(5)/318/328/351(2)/74 of the BNS, 2023, read with Section 4 of POCSO Act. 3. A complaint was lodged before the Superintendent of Police, Hojai, alleging that the accused-applicant being a Power of Attorney holder, executed an agreement of sale for a plot of land and accordingly, took Rs. 40,000/- in advance. It is alleged that sale permission was duly taken and entire consideration amount for the said plot of land was received by the accused-applicant. However, though the possession has been given to the informant, now, the accused-applicant has not executed the final sale deed, rather trying to evict the informant. 4. In terms of the aforesaid complaint, Doboka P.S. Case No. 123/2026 is registered. 5. The learned counsel appearing for the accused-applicant submits that the allegations made in the FIR are totally false and in fact, the Power of Attorney holder, the accused-applicant is asking for the remaining amount of money which is required to be paid to the seller. However, the same is not being paid by the informant and the informant has forcefully taken the possession of the land. He submits that in view of the aforesaid disputes, a legal notice has also been sent to the informant and the dispute is purely of a civil nature. Therefore, he submits that some protection should be granted to the accused-applicant in the instant case. 6. Mr. M.P. Goswami, learned Addl. P.P., however, opposes the prayer of bail of the accused-applicant. 7. Taking into account the entire facts of the case and looking into the allegations which are typically of civil nature, this Court is of the considered opinion that the accused-applicant should be granted pre-arrest bail. Accordingly, it is directed that in the event of arrest of the accused-applicant in connection with Doboka P.S. Case No. 123/2026, the accused-applicant shall be released on pre- Page No.# 3/3 arrest bail on furnishing of a bail bond of Rs. 50,000/- (Fifty Thousand) with one local surety of like amount to the satisfaction of the arresting authority, subject to the condition that the accused-applicant shall appear before the Investigating Officer within a period of seven (7) days and cooperate with the investigation. 8. With the above directions, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant