Page No.# 1/6 GAHC010202982026 2026:GAU-AS:14360 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2819/2026 ANUWAR HUSSAIN CHOWDHARY S/O LATE USMAN ALI, R/O- NO 2, AHMEDPUR, PS BIHPURIA, DIST- LAKHIMPUR,ASSAM 2: JAKIR HUSSEIN S/O RAFIQUL ISLAM R/O- NO- 2 AHMEDPUR PS- BIHPURIA DIST- LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP. BY PP ASSAM Advocate for the Petitioner : MR. M ALOM, MS ASFIA AHMED,MR AZIZUR RAHMAN,MR. M K HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 25-09-2026 Heard Mr. M.K. Hussain, learned counsel for the petitioners. Also heard Mr. M.P Goswami, learned Addl. P.P appearing for the State. 2. Invoking section 483 of BNSS, the petitioners namely, Anuwar Hussain and Jakir Hussain are seeking for bail in connection with North Lakhimpur P.S Case No. 284/2026 u/s 317(4)/112/318(4)/319(2)/308(6)/308(7)/351(2)/351(3)/61(2)/3(5)/ 3(6)/3(8)/3(9) of BNS, 2023. 3. The allegations in brief in the complaint lodged by the Police Officer for the Police Station is that upon discreet inquiry, it came to be known that a group of persons having no official authority or professional qualification had been found operating in and around the Police Station for the last six months, keeping and exposing members of the public who come to the police station seeking police assistance. It is further alleged that the accused persons acting in concert and pursuant to conspiracy project themselves as advocates, legal practitioners, police authorized persons or intermediaries, giving unauthorized advice and inducing victims to pay money by falsely claiming that criminal cases could be settled, altered, compromised or withdrawn for consideration. It is further alleged that these persons also threatened to lodge false cases against the Page No.# 3/6 victims under the POCSO Act, NDPS Act and BNS, forcing parties to enter into settlements and extort money and property from one or both the sides. It is alleged that the accused persons retain and share the proceeds among themselves and thus, they habitually received and deal with stolen property obtained through cheating, extortion, etc. 4. The learned counsel submits that the petitioners are not named in the FIR; that, they have already spent 60 days in custody; that, no victim has come forward to make any specific allegations against the present petitioners. 5. Mr. M.P. Goswami, the learned Additional P.P. for the prosecution submits that mere delay in initiating the inquiry and investigation into the matter would not necessarily absolve the accused persons if materials are revealed by the investigation. 6. It is submitted that during the course of investigation witnesses/victims have come forward with their grievances and stating that they were exploited by the accused persons and threatened regarding settlement of some criminal cases and it is submitted that in certain situations, victims were even threatened with false cases, if they do not agree with what was suggested by the accused persons. 7. The learned Additional P.P. opposes the grant of bail at this stage. 8. The Case Diary has been placed before the court along with the bail objection. I have carefully perused the contentions of the I.O. made in the bail objection and also perused the relevant Page No.# 4/6 portions of the Case Diary. Seen the progress of investigation. The I.O., objecting to the grant of bail, contends that investigation is going on, materials have been collected and therefore, the accused persons should not be allowed to go on bail at this stage. 9. In his statement, the complainant supports the allegations. Perused the statement of one police witness pointed out by the prosecution, in which he also supports the broad allegations made in the complaint giving rise to the instant case. There has been some reasonable progress in the investigation, though the investigation is not yet completed and is still in progress. One of the witnesses, who is also allegedly a victim, has stated that the accused persons had projected to him about being able to help regarding his case pending in the said police station. Another witness has stated about seeing the accused persons in the vicinity of the police station. One witness has stated that the accused persons had projected about their ability to help in their matters pertaining to the police station. I find from the Case Diary that during investigation, the accused persons have been custodially examined as well by the police. 10. Considering the nature of the alleged offenses, the police has done well to crack down on these alleged activities, if any. In fact, prompt action can nip these alleged activities in the bud. The police should also make it known to the members of the public visiting the police station that if any persons project themselves to be representing the police to help them illegally in their matters, the same should be promptly brought to the notice of the police personnel of the concerned police station. Page No.# 5/6 11. Upon giving my anxious consideration to the entire matter, including the progress of investigation, the materials in the Case Diary, and also the contentions in the bail objection, I am of the considered opinion that while investigation must continue and be taken to the logical conclusion, the continued detention of the accused persons may not perhaps be essential, provided suitable conditions are imposed. 12. In such view of the matter, I allow the bail petition and accordingly, the accused person is hereby allowed to go on bail of ₹50,000/- with one surety of the like amount to the satisfaction of the concerned learned court. Further, the following conditions are imposed: (i) They shall not abscond. (ii) They shall render full co-operation to remaining investigation. (ii) They shall not hamper or tamper with evidence. (iv) They shall not in any manner try to intimidate, harass, harm, or try to influence any witnesses. (v) They shall not misuse their liberty to commit any illegal activities, including any activities of the kind for which they are being prosecuted. In case of violation of any or more of the bail conditions, the prosecution would be at liberty to move a suitable application before this court or the jurisdictional Sessions Court for cancellation of the bail. Return back the case diary. Page No.# 6/6 The bail petition stands disposed of on the aforesaid terms. JUDGE Comparing Assistant