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2026 DAILYLAW 14192 (GAU)

BADRUL HAQUE ALIAS BODRUL HOQUE v. THE STATE OF ASSAM

Bail Appln./2726/2026 · 2026-09-13

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010200692026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2726/2026 BADRUL HAQUE ALIAS BODRUL HOQUE S/O LATE ABDUR RAHMAN, VILLAGE RANIGRAM, P.O. JALALNAGAR T.E., P.S. SRIBHUMI, DISTRICT SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 14.09.2026 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. S.S. Ahmed, learned Counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Page No.# 2/3 Sribhumi P.S. Case No. 210/2026 registered under Sections61(2)/318(4)/319(2)/308(7)/317(4)/351(2)/351(3)/111/3(5)/3(6)/3(9) of BNS, 2023. The FIR in connection with which the petitioner was arrested and were put behind the bars on 05.09.2026 was lodged by the police personnel of DSB Sribhumi District stating inter alia that the petitioner as well as the other persons have together formed a group and gang and in pursuance of the criminal conspiracy and with common intention and common object are carrying on operations in and around the precincts of Sribhumi Police Station under the guise of legal and official authorities, which they actually did not posses and by threatening have been involved in cheating and exhorting the money from the members of the public. It is further alleged that the said group including the petitioner is found to intercept persons near the Police Station and fabricates false criminal cases on their behalf and by giving deceitful advice obtains money from them. It is also alleged that they coerce the public to reach settlements. 3. The learned Senior Counsel for the petitioner submits that there are no specific allegations against the petitioner and vague allegations are made in the FIR. He further submits that the petitioner is the Chairman of Karnamadhu Cooperative Society Limited and there is no likelihood that he will be engaged in such offence. 4. Mr. R.J. Baruah, learned Additional Public Prosecutor, however, submits that this offence has been reported from various places of the State and that he prays for calling of the Case Diary to see the entire gamut of the offence and also to see the involvement of the petitioner. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that no specific allegation was made against the petitioner, who was working as a Chairman of Cooperative Society Page No.# 3/3 since long, this Court deems it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of CJM, Sribhumi, under the following conditions: i) the petitioner will appear before the Investigating Officer thereafter as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant