MOJAFAR ALI ALIAS MOJAFFAR ALI ALIAS BHAO AND 3 ORS. v. THE STATE OF ASSAM
Bail Appln./2691/2026 · 2026-09-10
Shamima Jahan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14144 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14144 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010198472026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2691/2026 MOJAFAR ALI ALIAS MOJAFFAR ALI ALIAS BHAO AND 3 ORS. S/O LATE MOBARAK ALI, R/O VILLAGE - BHODEYAGURI, P.S DISTRICT KOKRAJHAR, ASSAM, PIN -783370. 2: RAFIQUL ISLAM SHEIKH ALIAS RAFIQUL ISLAM ALIAS KHAJA S/O JALAL UDDIN SHEIKH R/O VILLAGE - BHATIPARA P.S DISTRICT KOKRAJHAR ASSAM PIN -783370. 3: MAMINUR ISLAM S/O LATE RAFIAL SHEIKH R/O VILLAGE - BORUAPARA P.S DISTRICT KOKRAJHAR ASSAM PIN -783370. 4: ABDUL KORIM PORAMANIK ALIAS ABDUL KARIM S/O LATE AZIZ PARAMANIK R/O VILLAGE MOKRAPARA P.S DISTRICT KOKRAJHAR ASSAM PIN -783370 VERSUS THE STATE OF ASSAM , REPRESENTED BY THE P.P, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MR. J ALI,MR. MD IMDAD,MS F HUSSAIN
Page No.# 2/4 Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 11.09.2026
Heard Mr. S M Abdullah P, learned Counsel for the petitioners and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioners have prayed for bail in connection with Kokrajhar
P.S.
Case
No.
138/2026
registered
under Sections317(4)/317(1)/112/318(4)/318(1)/319(2)/319(1)/308(6)/308(1)/308(7) /61(2)(a)/351(2)/351(3)/3(5)/3(6)/3(8)/3(9) of BNS, 2023. The FIR in connection with which the petitioners were arrested and were put behind the bars was lodged by the police personnel i.e. the Sub Inspector of Police, Kokrajhar Police Station stating inter alia that the petitioners as well as some other persons along with them holding no office, no authority and no professional qualification of any kind used to stay in and around the Police Station and they intercept the persons, who come to the Police Station inquire, prepares the complaint or speaks to them regarding settlement, at times they threatened also the persons who come to the Police Station and also takes money from them. It is also alleged that the said petitioners in pursuance of their criminal conspiracy commits illegal deeds and overt acts in pursuance of the said conspiracy. It is alleged that they intercept as stated above persons and they give a false assumption of their authority to the said persons and by
Page No.# 3/4 deceitful advice takes money from the public and also manufacture false criminal cases etc. 3.
The learned Counsel for the petitioners submits that the allegations narrated in the FIR are all vague and no specific allegations were made against the petitioners. He submits that the petitioners are working as Village Defence Party Secretaries and their main duties are to assist the police personnel and that they have been doing the same from a long time and that incorrect allegations were made against them. 4. Mr. B. Sharma, learned Additional Public Prosecutor, however, by placing the order rejecting the bail by the learned CJM, Kokrajhar, submitted that it was recorded in the said order, the various illegalities activities done by the petitioners. He also prays for calling of the Case Diary to see the entire gamut of the case. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that no specific allegations were made against the petitioners, this Court deems it fit to enlarge the petitioners on bail on furnishing of bail bond of Rs. 20,000/- each with one local surety each of the like amount to the satisfaction of CJM, Kokrajhar under the following conditions:
i) the petitioners will appear before the Investigating Officer thereafter as and when called for. ii) the petitioners will not go near the Police Station unless it is required. ii) the petitioners will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioners will not leave the place of jurisdiction without the
Page No.# 4/4 permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant