Page No.# 1/3 GAHC010149972026 2026:GAU-AS:11679 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1673/2026 AMIR HUSSAIN S/O RAHMAT ULLA,RESIDENT OF VILLAGE UTTAR SAMARALI, P.S. MURAJHAR, DISTRICT HOJAI, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, R MALI,MD A RAHMAN,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17-08-2026 Heard Mr. S. Nawaz, the learned counsel appearing for the accused- applicant. Also heard Ms. S.H. Borah, the learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting pre-arrest bail to the accused-applicant in connection with Murajhar Police Station Case No. 127/2026, registered under Sections 316(2)/318(4)/319(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged on 31.05.2026, alleging that the accused-applicant Amir Hussain called the informant and his friend, namely, Abdul Guffer Laskar for a business negotiation; it is alleged that the accused-applicant represented himself as a middleman and he introduced one person who is supposedly the owner of a rubber tree garden. It is alleged that the accused-applicant told the informant that he will arrange a lease of approximately 50,000 rubber trees for a period of one year, at the rate of Rs.100/- (Rupees One Hundred) per tree. It is alleged that total amount proposed for the whole lease came to Rs.50,00,000/- (Rupees Fifty Lacs). The accused-applicant requested the informant to pay Rs.15,000/- (Rupees Fifteen Thousand) as advance immediately. Accordingly, the informant paid an amount of Rs.8,88,000/- (Rupees Eight Lacs and Eighty Eight Thousand) through online banking and Rs.6,12,000/- (Rupees Six Lacs and Twelve Thousand) in cash. It is alleged that later on, after verification, it is found that the rubber planation mentioned by the accused-applicant does not exist in the name of the person introduced as the owner. It is alleged that the accused-applicant could not provide any documents regarding the ownership of the rubber planation by the person introduced as well as they failed to return the money to the informant. 4. In view of the aforesaid FIR, the Police registered Murajhar Police Station Case No. 127/2026 under the aforementioned Sections against the accused- Page No.# 3/3 applicant. 5. The learned counsel appearing for the accused-applicant submits that Section 35 (3) notice is yet to be issued to the accused-applicant and he submits that if such notice is served upon him, he will appear before the Investigating Officer and cooperate with the investigation. Accordingly, he submits that at this stage the accused-applicant should be granted pre-arrest bail. 6. Case Diary in the instant case has been received and the same is perused. Also heard the submissions made by the learned Additional Public Prosecutor. 7. On perusal of the Case Diary and on consideration of the submissions made by the learned counsel for the respective parties, this Court is not inclined to grant any anticipatory bail to the accused-applicant at this stage. 8. Accordingly, the Anticipatory Bail application is rejected. 9. Case Diary to be returned. JUDGE Comparing Assistant