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2026 DAILYLAW 15846 (GAU)

ATIQUR RAHMAN ALIAS ATIQUR RAHMAN FARZI AND ANR v. THE STATE OF ASSAM

Bail Appln./3134/2026 · 2026-10-04

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010221642026 2026:GAU-AS:14833 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3134/2026 ATIQUR RAHMAN ALIAS ATIQUR RAHMAN FARZI AND ANR S/O LATE SIRAJ ALI VILL. BAGARIGURI P.O. BAGARIGURI, P.S. JURIA DIST. NAGAON, ASSAM PIN-782125 2: SAHIL ELAHI SADAGAR S/O KHALEKUZ ZAMAN VILL. ALITANGONI P.O. ALITANGONI P.S. JURIA DIST. NAGAON ASSAM PIN-78212 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : DARAK ULLAH, MS. S T NESSA,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 05.10.2026 1. Heard Mr. S. Ahmed, learned counsel appearing for the petitioners. Also heard Mr. R.J. Baruah, learned APP appearing for the State of Assam. 2. By this application the petitioners have prayed for bail in connection with Juria Page No.# 2/3 PS Case No. 214 of 2026 registered under Sections 317(1)/317(4)/112/318(1)/318(4)/319(1)/319(2)/308(1)/308(6)/308(7)/61(2) (a)/351(2)/351(3)/3(5)/3(6)/3(8)/3(9) of the BNS, 2023. 3. The FIR in connection with which the petitioners were arrested on 05.09.2026 and 08.09.2026 respectively was lodged by the police personnel of Juria Police Station stating inter alia that the petitioners along with others without any authority or professional qualification had stationed themselves in and around the Police Station and were allegedly systematically preying upon members of the public who visited the Police Station in connection with police-related work. 4. The learned counsel appearing for the petitioners submits that there are no specific allegations against either petitioner No. 1 or petitioner No. 2 who was arrested during the course of investigation. It is further submitted that no victim has been named or identified in the FIR. 5. Mr. R.J. Baruah, learned APP on the other hand submits that the allegations made in the FIR disclose an organized crime and as such prays for calling of the case diary. 6. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that there is no specific allegation against petitioner No. 1 and no specific allegation has been made against petitioner No. 2 who was arrested during the course of investigation, as reflected in the forwarding report and also considering the fact that no specific victim has been named as having been victimized by the petitioners, this Court is of the view that the petitioners are entitled to be enlarged on bail. Accordingly, the petitioners are directed to be released on 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 learned Chief Judicial Magistrate, Nagaon subject to the Page No.# 3/3 following conditions: (i) The petitioners shall appear before the Investigating Officer as and when called for, (ii) The petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and (iii) The petitioners shall not leave their place of residence without the prior permission of the Investigating Officer. 7. Accordingly, this Bail Application stands disposed of. JUDGE Comparing Assistant