Page No.# 1/4 GAHC010198902026 2026:GAU-AS:14363 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2737/2026 JAKIR HUSSAIN S/O. LATE ISLAM ALI, R/O. VILLAGE NAPARAPAM, P.S. SIALMARI, DISTRICT NALBARI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 25.09.2026 Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State. 2. By this petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Jakir Hussain, praying for grant of bail in Page No.# 2/4 connection with Sialmari P.S. Case No. 09/2026 u/s 112/308(6)/308(7)/317(4)/318(4)/319(2)/35(2)(3)/61(2)/3(5)/3(8)/3(9) of BNS, 2023. 3. The petitioner was arrested on 05.09.2026. 4. The gist of the allegation is that large body of persons have been working in an organized way to cheat and trap persons who come to the police station for work and lure them into having agreements with the assurance of giving them legal benefits from the problems which they might be facing for which they come to the police station. It is also alleged that the persons also threatened under the offences of POCSO and NDPS Act and it is alleged that in this way money is extorted. It is stated that such property obtained through cheating and extortion constitute stolen property within the meaning of relevant provision of BNS. It is alleged that the activities detected against which prosecution has been launched are not merely against the person defrauded but also interfering with the investigation and the machinery of criminal law. 5. The learned counsel for the petitioner submits that the petitioner is a village headman and falsely implicated in this case; that, he was to be involved in census activity before being arrested in this case; that, he has already been custody for 19 days and that he may be granted bail. 6. The learned Additional Public Prosecutor submits that so far in this case two witnesses have been examined but no specific incriminating materials have been noticed from these statements against the present petitioner. However, investigation is still going on. 7. The case diary has been placed before the Court along with the Page No.# 3/4 accompanying bail objection. 8. I have carefully perused the bail objection as well as the relevant portions of the case diary. First, I have seen the progress of the investigation. The IO has opposed the grant of bail at this stage, contending that the investigation is continuing and the accused person may again commit the same types of offences and also might try to tamper with evidence. 9. As already stated above, the prosecution after perusing the case diary has fairly submitted that from the statements of the witnesses examined so far, no specific allegations or incriminating materials emerge against the accused person. However, the investigation is continuing. 10. Nevertheless, in view of the facts and circumstances, it would be just and fair to grant bail to the accused person as prayed for, subject to suitable conditions. 11. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Sialmari P.S. Case No. 09/2026 u/s 112/308(6)/308(7)/317(4)/318(4)/319(2)/35(2)(3)/61(2)/3(5)/3(8)/3(9) of BN, 2023, on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court. 12. The direction for bail is further subject to the conditions: (i) He shall not abscond. (ii) He shall render full co-operation to remaining investigation. (iii) He shall not hamper or tamper with evidence. (iv) He shall not in any manner try to intimidate, harass, harm, or try to influence any witnesses. Page No.# 4/4 (v) He shall not misuse his liberty to commit any illegal activities including any activities of the kind for which they are being prosecuted. 13. 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. 14. Return back the case diary. 15. The bail petition stands disposed of on the aforesaid terms. JUDGE Comparing Assistant