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2026 DAILYLAW 4332 (GAU)

HABIBAR RAHMAN v. THE STATE OF ASSAM

AB/436/2026 · 2026-03-10

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010041252026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/436/2026 HABIBAR RAHMAN S/O LT. RAHAM ALI VILL- JAWKATA DIA P.O. DEKACHANG P.S. BOKO DIST. KAMRUP, ASSAM, PIN-781136 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, MR. A W MONDAL,MR A ALIM SK,MS. N NASRIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 11.03.2026 Heard Mr. Al. Alim Sk, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. By this application the petitioner has prayed for bail in connection with Boko Police Station Case No. 50/2026 registered under Sections 77/78(2)/64(1)/62/351(3)/3(5) of BNS, 2023 read with Section 67(A) of the I.T. Act. 3. The FIR dated 21.02.2026 reveals that the petitioner who is the father of the accused No.1 has instructed his son i.e. accused No.1 for demolishing the house of the informant. That is the only allegation against the petitioner. 4. Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam however states that there are no materials against the father only to the extent that there was some instruction given by the father to the son, who is alleged to have made viral the half necked photographs of the informant. 5. Upon consideration of the submissions made by the parties, this Court deems it fit that the petitioner be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- (Rupees twenty thousand ) only with one local surety of the like amount to the satisfaction of the Arresting authority on the following conditions: 1. That the petitioner shall appear before the Investigating Officer within 10(ten) days from today and such other dates as required and co-operate in the investigation as and when required; 2. The petitioner shall not leave the jurisdiction of the police station, without prior written permission from Officer-in-Charge, Boko Police Station. Page No.# 3/3 3. That the petitioner shall not hamper or tamper with the investigation in any manner; and 4. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case. If any of the conditions are found to be violated by the petitioner then the Investigating Officer shall be at liberty to seek cancellation of the interim bail granted to the petitioner. 6. Accordingly, the bail petition is disposed of. JUDGE Comparing Assistant