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2026 DAILYLAW 14875 (GAU)

MASHUK AHMED v. THE STATE OF ASSAM

Bail Appln./2884/2026 · 2026-09-21

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010207672026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2884/2026 MASHUK AHMED S/O LATE ANOI MIA, RESIDENT OF VILLAGE BAGBARI, P S AND DISTRICT SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. DAIYAN HUSSAIN, MR. K BAISHYA,MR. N AFRUZ,MR. R A MAZUMDER,MR. R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 22.09.2026 Heard Mr. D Hussain, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Sribhumi PS Case No. 210/2026 corresponding to GR Case No.844/2026 Page No.# 2/3 registered under Sections 61(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 on 05.09.2026 was lodged by the police personnel of DSB, Sribhumi District on 05.09.2026 stating inter alia that persons including the petitioner without any authority or any professional qualification had taken a positions in and around the precincts of the Sribhumi Police Station and that they are making a livelihood out of the members of the public, who come there in connection with the police work. 3. The learned Counsel for the petitioner submits that the he is a 65 year old person and that he got injured in a burn incident few days before the FIR was lodged. 4. Mr. B. Sharma learned Additional Public Prosecutor for the State, on the other hand submits that it is writ large in the FIR that petitioner and other persons are habitually engaged in interfering with sale and purchase of land and have been identified as fraud sters, deceivers impersonates with an intention for wrongful gain. He as such submits that the Case Diary be called for in order to see the complicity 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 has been made against the petitioner and also due to the fact that the petitioner was stated to be a land agent in the said FIR and on the other hand it was stated that the petitioner and others have made a livelihood from their action in and around the Police Station, 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: Page No.# 3/3 i) the petitioner will appear before the Investigating Officer 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