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2026 DAILYLAW 15328 (GAU)

RUHUL ALOM TAPADAR AND ANR v. THE STATE OF ASSAM

AB/2385/2026 · 2026-09-27

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010213102026 2026:GAU-AS:14417 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2385/2026 RUHUL ALOM TAPADAR AND ANR S/O HAJI REJAN ALI TAPADAR, R/O VILLAGE - BIJOYNAGAR, P.O. - SRIGOURI, P.S. - BADARPUR, DISTRICT - SRIBHUMI, ASSAM, PIN - 788806. 2: HAJI REJAN ALI TAPADAR S/O AROB ALI TAPADAR R/O VILLAGE - HILCHAR P.O. - SRIGOURI P.S. - BADARPUR DISTRICT - SRIBHUMI ASSAM PIN - 788806 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. S K TALUKDAR, K G CHOWDHURY,MS. M PAUL,MR. J M A CHOUDHURY,L P BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 28.09.2026 1. Heard Mr. S.K. Talukdar, learned counsel appearing for the petitioners. Also Page No.# 2/3 heard Mr. R.J. Baruah, learned APP appearing for the State of Assam. 2. By way of this application the petitioners have prayed for grant of pre-arrest bail in connection with Badarpur P.S. Case No. 123/2026 corresponding to G.R. Case No. 845/2026 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 the BNS, 2023. 3. The FIR in connection with which the petitioners are apprehending arrest was lodged by police personnel of Badarpur Police Station on 05.07.2026 stating inter alia that the accused persons named therein along with others had gathered in and around the police station without any authority or professional qualifications and were allegedly engaging in the business of exploiting members of the public who visited the police station for police-related work. 4. The learned counsel appearing for the petitioners submits that the names of the petitioners do not find mention in the FIR. However, during the course of investigation the police visited their houses in search of them with the intention of arresting them in connection with the aforesaid case. 5. Mr. R.J. Baruah, learned APP appearing for the State submits that the complicity of the petitioners would be apparent only upon perusal of the case diary and he has prays for calling for the same. 6. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that no specific allegations have been made against the petitioners or the other accused persons, this Court deems it fit and proper to grant the petitioners pre-arrest bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) each with one local surety each of the like amount to the satisfaction of the Arresting Authority subject to the following conditions: Page No.# 3/3 (i) The petitioners shall positively appear before the Investigating Officer within a period of 15 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