JAHIDUL HUSSAIN @ ZAHIDUL HUSSAIN v. THE STATE OF ASSAM
AB/2114/2026 · 2026-10-06
Kaushik Goswami
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15935 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15935 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010189262026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2114/2026 JAHIDUL HUSSAIN @ ZAHIDUL HUSSAIN S/O AHOR ALI, VILLAGE- JHAGRARPAR PT-II, P.O.- JHAGRARPAR, P.S. AND DISTRICT- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, S NAZNIN,MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER Date : 07.10.2026
Heard Mr. H.R.A. Choudhury, learned Senior Counsel, assisted by Mr. S.S. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor, appearing for the State respondent.
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2. By way of this anticipatory bail application filed under Section 482 of the BNSS, 2023, the applicant, Jahidul Hussain @ Zahidul Hussain, who is apprehending arrest in connection with Dhubri P.S. Case No. 142/2026, registered under Sections 61(2)/148/318(4)/316(2)/336(3)/3(5) of the BNS, 2023, is seeking anticipatory bail.
3. The case of the prosecution, in brief, is that one Sagar Ghosh, by using forged documents purportedly procured from English Education Academy, of which the present applicant is the Director, sought admission to Bidyapara Govt. Boys Higher Secondary School, Dhubri. Upon the Principal of the said school lodging an F.I.R., wherein both Sagar Ghosh and the present applicant were named as accused, Dhubri P.S. Case No. 142/2026 was registered and investigation commenced accordingly.
4. It appears that the applicant had earlier approached this Court by way of an anticipatory bail application, i.e., AB/1186/2026. However, this Court, vide
order dated 04.08.2026, considering the stage of investigation, rejected the said application.
5. Mr. H.R.A. Choudhury, learned Senior Counsel, submits that, thereafter, the investigation has substantially progressed. He further submits the articles alleged to have connection with the alleged offence have already been seized from the office of the applicant.
6. Per contra, Mr. K. K. Parashar, learned Additional Public Prosecutor submits that the statement of the co-accused has already been recorded. Apart from the same, the statements of the complainant as well as the other witnesses have also been recorded. He further submits that the co-accused has specifically implicated the applicant in the commission of the alleged
Page No.# 3/4 offence. However, it is not disputed that the applicant has no criminal antecedents.
7. Having heard the learned counsel appearing for the parties and upon taking note of the fact that, since the rejection of the applicant’s prayer for anticipatory bail on 04.08.2026, the investigation has substantially progressed, and further keeping in view that the applicant has no criminal antecedents and that there is no likelihood of the applicant evading the process of investigation, this Court is of the considered view that the applicant has made out a case for grant of anticipatory bail.
8. Accordingly, it is provided that in the event of arrest, the applicant named above, shall be released on pre-arrest bail in connection with the above noted case, on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand), with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:- i) That the applicant shall appear before the Investigating Officer within 7 days, failing which on and from the 8th day, the pre- arrest bail order shall have no force; ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any persons acquainted with the
facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer. iii) That the applicant shall not tamper with, destroy, or alter any evidence related to this case. iv) That the applicant shall furnish his mobile number to the
Page No.# 4/4 investigating officer and keep the same operational during the course of the investigation. v) That the applicant shall not leave the territorial jurisdiction of the State of Assam without informing the investigating officer until submission of the police report. vi) That the applicant shall refrain from committing any similar offences in future of which he is accused or suspected of commission.
9. The anticipatory bail application, accordingly, stands disposed of.
JUDGE Comparing Assistant