Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010197962026
2026:GAU-AS:13304
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2190/2026 KUTUB UDDIN AHMED AND ANR S/O- ABDUL MAZID, 2: ASROB ALI S/O- ABDUL HUSSAIN BOTH ARE THE PERMANENT RESIDENT OF VILL.- MALIBARI PATHAR P.O.- MALIBARI BAZAR P.S.- BOK DISTRICT- KAMRUP ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. M I HUSSAIN, MUSTAFIZUR RAHMAN,R KHA,MS. P AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 11.09.2026
1. Heard Mr. M.I. Hussain, learned counsel appearing for the petitioners. Also heard Mr. R.J. Baruah, learned APP appearing for the State of Assam. Page No.# 2/3
2. By this application the petitioners pray for the grant of pre-arrest bail in connection with Boko P.S. Case No. 293/2026 registered under Sections 61(2) (a)/319(2)/318(4)/308(6)/308(7)/317(4)/112/351(2)/351(3)/3(5)/3(6)/3(8)/3(9) of the BNS, 2023. 3. The FIR in connection with which the petitioners apprehend arrest was lodged on 05.09.2026 by the police personnel of Boko Police Station alleging that a group of persons in furtherance of their common intention and common object had been staying in and around Sontoli Outpost and by impersonating themselves as advocates and officials and by threatening members of the public with false criminal prosecution had been extorting money from them and cheating them. In the said FIR, the names of certain persons have been mentioned who are alleged to have stopped members of the public near the police station and induced them either to enter into settlements or to accept false advice, besides threatening to institute false cases and thereby extorting money from them. 4. The learned counsel appearing for the petitioners submits that the names of the petitioners do not find mention in the FIR and that they are in no manner connected with the alleged offence. He further submits that the petitioners are social workers and have been assisting the police personnel in the discharge of their duties. 5. Mr. R.J. Baruah, learned APP appearing for the State of Assam, however, submits that the case diary may be called for to ascertain the complicity of the petitioners in the alleged offence narrated in the FIR which according to him is of a serious nature. He vehemently opposes the prayer for grant of pre-arrest
Page No.# 3/3 bail to the petitioners. 6.
Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that the petitioners are neither named in the FIR nor identified by the police personnel, this Court deems it fit to enlarge the petitioners on pre-arrest bail. Accordingly, in the event of their arrest in connection with the aforesaid case, they shall be released on bail on furnishing a bail bond of Rs.20,000/- each with one local surety each of the like amount to the satisfaction of the Arresting Authority subject to the following conditions: (i) The petitioners shall positively appear before the Investigating Officer within a period of 10 days from today and corporate with the investigation without any failure, (ii) The petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioners shall not leave their residence without prior permission of the Investigating Officer. 7. Accordingly, this Anticipatory Bail application is disposed of. JUDGE Comparing Assistant