Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010199242026
2026:GAU-AS:13521
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2746/2026 ISHADUL ISLAM FAKIR S/O LATE IDRISH ALI FAKIR, R/O MUBAROKBASTI, P.S. MURAJHAR, DISTRICT- HOJAI, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, JANIFAR RAHMAN,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 14.09.2026
1. Heard Mr. I.U. Chowdhury, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned APP appearing for the State of Assam. 2. The petitioner has prayed for bail in connection with Murajhar P.S. Case No. 168 of 2026 registered under Sections 112(2), 3(5), 3(6), 3(8), 308(6), 308(7),
Page No.# 2/3 317(4), 318(4), 313(2), 351(2), 351(3) and 61(2) of the BNS, 2023. 3. The FIR, in connection with which the petitioner was arrested, was lodged by the police personnel of Murajhar Police Station stating inter alia that the petitioner along with others, some known and some unknown operates as a group or gang and pursuant to a criminal conspiracy and with common intention and common object stays in and around the precincts of Murajhar Police Station. It has been alleged that by deceitful means including by impersonating themselves as advocates or persons attached to the department, the petitioner and the other accused persons threaten members of the public, cheat them and take money from them. It has been further alleged that the petitioner and the other accused persons intercept persons who come to the police station and by impersonating themselves as advocates, sometimes enforce settlements between the parties and at other times by giving deceitful advice induce the parties to part with money. It has also been alleged that on certain occasions they threaten persons with lodging criminal cases against them. 4. The learned counsel appearing for the petitioner submits that although the name of the petitioner finds mention in the FIR, no specific allegation has been made against him. It is further submitted that there is no statement of any victim alleging that any such act, as narrated in the FIR was committed by the petitioner. Learned counsel submits that the allegations in the FIR are vague and omnibus in nature and that the petitioner has been illegally arrested.
He, therefore, submits that the petitioner may be enlarged on bail. 5. Mr. B. Sharma, learned APP for the State submits that such offences have been reported from various parts of the State and that the allegations of cheating, extortion of money and other offences are writ large in the FIR. He
Page No.# 3/3 submits that the case diary may be called for to ascertain the complicity of the petitioner in the alleged offences. 6. Upon consideration of the submissions made by the learned counsel for the parties and more so in view of the fact that no specific allegation has been made against the petitioner attracting the offences alleged in the FIR, this Court is of the considered view that the petitioner has made out a case for bail. Accordingly, the petitioner is hereby directed to be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) with one local surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Sankardev Nagar, Hojai subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer as and when called for, (ii)The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and (iii) The petitioner shall not leave his residence without prior permission of the Investigating Officer. 7. Accordingly, this Bail Application is disposed of. JUDGE Comparing Assistant