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2026 DAILYLAW 15826 (GAU)

RAFIUL ISLAM BARBHUIYA v. THE STATE OF ASSAM

AB/2059/2026 · 2026-10-04

Shamima Jahan

body2026

Judgment text

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Page No.# 1/2 GAHC010180512026 2026:GAU-AS:14852 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2059/2026 RAFIUL ISLAM BARBHUIYA S/O LECHUR UDDIN BARBHUIYA, R/O RONGPUR PT IV SILCHAR, PS RONGPUR, DIST CACHAR, ASSAM, PIN 788009 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA,MS. B DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 05.10.2026 Heard Mr M Saikia, learned counsel for the petitioner. Also heard Ms A Begum, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Silchar PS Case No. 748/2026, registered under Sections 316(2)/318(4)/319(2)/336(3)/ 336(4)/338/340(2) as well as 61(2) of the BNS, 2023. 3. The First Information Report in connection with which the petitioner is apprehending arrest, was lodged on 08.08.2026, wherein it was stated that upon reliable information that Page No.# 2/2 certain persons were arranging a free medical check up in collaboration with a person projected as the District Joint Director under the banner of Bharatiya Railway Mall Godam Shramik Sangh, with the intention to induce victims to secure employment in the Railway Department, the Police personnel along with the staff, proceeded to the spot and conducted investigation and during the course of enquiry, the victims were examined and upon finding prima facie materials against the accused persons, the FIR was lodged. The accused persons named therein were one Abhijit Dey and the other Debotush Bhattacharjee. 4. The learned counsel for the petitioner submits that he has apprehension that the said arrested persons may take his name and as such, he has filed the instant application. 5. On the other hand, Ms A Begum, the learned Additional Public Prosecutor for the State, submits that the name of the petitioner was not taken by any of the accused persons in the aforementioned case. 6. As such, this Court, upon consideration of the submissions made by the learned counsels for the parties, finds that there is no apprehension on the part of the petitioner for arrest at this stage. Accordingly, this application is closed. JUDGE Comparing Assistant