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2026 DAILYLAW 13917 (GAU)

SABAD ALAM BARLASKAR v. THE STATE OF ASSAM

AB/1776/2026 · 2026-09-02

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/4 GAHC010161302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1776/2026 SABAD ALAM BARLASKAR S/O- LATE NASIRUDDIN BARLASKAR, R/O- HOUSE NO. 5, RAJDHANI MASJID PATH, HATIGAON ROAD, P.S.- DISPUR, GUWAHATI- 781006. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR T H HAZARIKA, MR. K ISLAM,MR M CHETIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 03.09.2026 Heard Mr. T. H. Hazarika, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 whereby the Page No.# 2/4 petitioner, namely, Sabad Alam Barlaskar is seeking Anticipatory Bail apprehending arrest in connection with an FIR, which is registered as A.C.B. Police Case No. 24/2024 registered under Sections 120(B)/406/409/419/420/468/471 of IPC read with Section 7(a)/13(2) read with Section 13(1)(a) of Prevention of Corruption Act, 1988. 3. The aforesaid case was registered on the basis of an FIR dated 16.03.2024 lodged by one Barun Purkayastha, IPS, SP (I), Directorate of Vigilance and Anti- Corruption, Srimantapur, Guwahati-32, and Enquiry Officer of RE No. 11(10)/2023. 4. The gist of the allegations is that a tender was floated for the purchase of 129 vehicles for the Assam Project on Forest and Biodiversity Conservation Society (APFBC). 5. It is stated in the FIR that an amount of Rs. 10.94 crores was funded by Agence Française de Développement (AFD) for the purchase of the vehicles and, accordingly, after the floating of the tender, 129 vehicles of different makes and models were purchased. There were only two bidders, namely, Industrial Farm and Equipment Private Limited and SBI Knowledge Services Private Limited. 6. The tender was awarded to SBI Knowledge Services Private Limited. However, it was subsequently alleged that some of the eligibility documents submitted by the successful bidder were manufactured and forged, including certain documents purportedly issued from Nagaland. 7. It is further alleged that the tender process was manipulated to favour the Page No.# 3/4 said bidder. In the FIR, eight (8) persons have been named, along with unnamed others. The petitioner herein is named as accused No. 7 in the FIR and is stated to have been acting as an agent of SBI Knowledge Services Private Limited at Guwahati. 8. A perusal of the FIR would show that the allegation against the petitioner is limited to the submission of the tender on behalf of the entity, namely, SBI Knowledge Services Private Limited. 9. The learned counsel for the petitioner has also referred to the letter dated 05.04.2022 issued by SBI Knowledge Services Private Limited to the present petitioner, requesting him to submit the tender on behalf of the said company. 10. A voluminous case diary has been placed before the Court, along with a bail objection filed by the Investigating Officer. 11. The gist of the bail objection is that the present petitioner was, in some manner, involved in the preparation/procurement of the forged documents referred to above, including the bank guarantee. 12. The FIR was lodged on 16.03.2024, that is, about 2½ years ago. In the course of the investigation, the Investigating Officer has, as expected, seized the said documents alleged to have been forged, and the statements of most of the material witnesses appear to have already been recorded. It is also submitted on behalf of the petitioner that, even prior to preferring the present bail application, the petitioner had appeared before the Investigating Officer and was interrogated, but was not taken into custody. 13. It is submitted that a co-accused in the present case, namely, Sri K.S.P.V. Pavan Kumar, was granted pre-arrest bail by this Court vide order dated Page No.# 4/4 21.07.2026 passed in AB/1382/2026. He was the Project Director of APFBC. Similarly, another co-accused, Abdul Wahid Choudhury, was granted pre-arrest bail vide order dated 26.07.2024 passed in AB/1664/2024. Another co-accused, Manoj Jacob, has also been granted the privilege of pre-arrest bail vide order dated 12.08.2026 passed in AB/1726/2026. 14. Having regard to the above, it appears that custodial interrogation of the petitioner may not be necessary. The case also appears to be primarily based on documentary evidence. 15. In the event the petitioner is required for further interrogation, it is open to the Investigating Officer to summon the petitioner, and it would be incumbent upon the petitioner to cooperate with the investigation. 16. Having regard to the above, the prayer for pre-arrest bail is allowed. The order of interim pre-arrest bail dated 05.08.2026 is hereby made absolute on the same conditions. 17. The Anticipatory Bail petition, is accordingly stands disposed of. 18. Send back the Case Diary. JUDGE Comparing Assistant