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2026 DAILYLAW 16707 (GAU)

AMZADUR RAHMAN v. THE STATE OF ASSAM

AB/2600/2026 · 2026-10-11

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010228272026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2600/2026 AMZADUR RAHMAN SON OF SIRAJUR RAHMAN, RESIDENT OF ARJUNGURI, P.O.- ARJUNGURI, P.S.- SIVASAGAR, DIST- SIVASAGAR, ASSAM, PIN-785640 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. P P DUTTA, MS. P P DAS,MS P SARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 12.10.2026 Heard Mr. PP Dutta, learned Counsel for the petitioner and Mr. RJ Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre arrest bail in connection with CID PS Case No. 04/2025 registered under Section 61(2)/318(4)/336(3)/340(2) of BNS, 2023. The FIR in connection with which the Page No.# 2/3 petitioner is apprehending arrest was lodged by the Chief Engineer of Water Resource Department stating inter alia that it had come to his notice that certain miscreants are circulating a fake letter with his forged signature. 3. The learned Counsel for the petitioner submits that during investigation of the offence, the police had issued a notice under Section 35(3) of the BNSS, to him directing him to appear on a particular date. He, however , submits that he has no connection whatsoever with the offence in question. 4. On the other hand, Mr. RJ Baruah, learned Additional Public Prosecutor for the State submits that his complicity can be seen only from the perusal of the Case Diary. 5. Upon considerations of the submissions made by the learned Counsels for the parties, more so in view of the fact that no specific act could be ascribed against the petitioner, this Court deems it fit to enlarge the petitioner on pre arrest bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority under the following conditions: i) the petitioner will appear before the Investigating Officer within 15 days from the date of the order and if the petitioner does not appear within that period, the bail order may be cancelled. ii) the petitioner will appear before the Investigating Officer thereafter as and when called for. iii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iv) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority. Page No.# 3/3 6. Petition is disposed of. JUDGE Comparing Assistant