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2026 DAILYLAW 15698 (GAU)

JAKIR HUSSAIN v. THE STATE OF ASSAM

AB/2477/2026 · 2026-10-05

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010217572026 2026:GAU-AS:14946 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2477/2026 JAKIR HUSSAIN S/O ABDUL MATIN, R/O VILL KACHARI BHETI TOP, PO ORANG, PS ORANG, DIST UDALGURI, BTAD, ASSAM, PIN 784114 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MS. F ISLAM,MR. M ALOM,MS. F H AHMED,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 06.10.2026 Heard Mr. M. K. Hussain, the learned counsel for the petitioner and Mr. D.P. Goswami, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Orang P.S. Case No. 33/2026, registered under Sections 112, Page No.# 2/3 3(5), 3(6), 3(8), 3(9), 308(6), 308(7), 317(4), 318(4), 319(2), 351(2), 351(3) as well as 61(2) of the BNS, 2023. 3. The FIR, in connection with which the petitioner apprehends arrest, was lodged by the police personnel of Orang Police Station, stating, inter alia, that the accused persons named therein, without holding any public office or having any lawful authority, had assembled in and around the police station and were allegedly making a business of extorting money from members of the public who came to the police station in connection with police work. 4. The learned counsel for the petitioner submits that the petitioner is not named in the FIR; however, the police have visited his residence in connection with the said offence. He further submits that the petitioner has no connection whatsoever with the offence narrated in the FIR. 5. Mr. D. P. Goswami, the learned APP for the State, on the other hand submits that, the allegation made in the FIR shows an organized crime and that Case Diary be called in order to see the complicity of the petitioner. 6. Upon consideration of the submissions made by the learned counsels, more so in view of the fact that, petitioner is not named in the FIR and also that, no specific allegation is made against the persons named in the FIR also, this Court enlarges the petitioner on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Thousand) with one local surety of the like amount to the satisfaction of the Arresting Authority under the following conditions: i) The petitioner shall appear before the IO within 10 days from the date of the order and thereafter as and when call for. Page No.# 3/3 (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the alleged case; and (iii) The petitioner shall not leave their residence without prior permission of the Arresting Authority. 7. The AB Application stands disposed of. JUDGE Comparing Assistant