Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 4051 (GAU)

JAYDA BEGUM BARBHUIYA ALIAS JAHIDA BEGUM BARBHUIYA ALIAS BAPPI v. THE STATE OF ASSAM

AB/570/2026 · 2026-03-31

Pranjal Das

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010052272026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/570/2026 JAYDA BEGUM BARBHUIYA ALIAS JAHIDA BEGUM BARBHUIYA ALIAS BAPPI D/O NAZRUL BARBHUIYA, W/O SAYDUR RAHMAN LASKAR, R/ONARAINPUR PART I, P.S. HAILAKANDI, P.O. CHANDPUR, PIN 788152 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:RUHUL ALAM BARBHUIYA ALIAS RAHUL AMIN BARBHUIYA S/O NAZRUL HUSSAIN BARBHUIYA R/O KAPNARPAR P.S. ALGAPUR P.O. KALIBARI BAZAR DIST. HAILAKANDI PIN 7815 Advocate for the Petitioner : MR. R A CHOUDHURY, MR. R A MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 01.04.2026 Heard Mr. H. Islam, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioners, namely, Jayda Begum Barbhuiya @ Jahida Begum Barbhuiya @ Bappi and Ruhul Alam Barbhuiya @ Rahul Amin Barbhuiya, have prayed for granting pre-arrest bail, apprehending arrest in connection with Algapur P.S. Case No. 2/2026 under Section 61(2)/221/296/132/324(2)/3(5) of BNS, 2023. 3. With regard to erection of some iron pillars on a certain road, when the informant tried to enquire into the same, the petitioners named in the FIR are alleged to have been abused him in slang language; assaulted and pushed him into the ground. 4. The learned Addl.P.P. submits that in the meantime, investigation is completed and charge sheet has been submitted against the petitioners vide C.S. No. 11/2026 dated 18.03.2026. 4. In view of completion of investigation, I allow this petition. 5. Accordingly, in the event of arrest of the accused-petitioners, they shall be released on bail in connection with Algapur P.S. Case No. 2/2026 under Section 61(2)/221/296/132/324(2)/3(5) of BNS, 2023 on furnishing bail bond of Rs.30,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority. 6. The direction for bail is further subject to the condition(s) that the accused-petitioners: (a) that the petitioners shall be available for the trial, if one commences; and Page No.# 3/3 (b) shall not hamper or tamper with evidence. 7. The petitioners are at liberty to file fresh bail bonds before the learned trial court whereupon necessary orders shall be passed. 8. Violation or breach of condition(s) shall entail cancellation of the bail. 9. The anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant