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2026 DAILYLAW 6581 (GAU)

INAMUL HAQUE @ ENAMUL HOQUE AND ANR v. THE STATE OF ASSAM

AB/796/2026 · 2026-05-14

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010072342026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/796/2026 INAMUL HAQUE @ ENAMUL HOQUE AND ANR S/O- MD. FAZIUR RAHMAN. A PERMANENT R/O- VILL.- NO.1 PIPAL PUKHURI, BAMUN GAON, LANKA, P.O. AND P.S.- LANKA, DIST.- HOJAI, ASSAM, PIN- 782446. 2: BURHAN UDDIN S/O- MD. ASAR UDDIN. A PERMANENT RESIDENT OF VILL.- UDALI BAZAR BAMUN GAON P.O. AND P.S.- LANKA DIST.- HOJAI ASSAM PIN- 782446 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : TAWHID LASKAR, MS. S NISHA SULTANA,ASHRAFUL BORBHUYAN,MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 15.05.2026 Heard Mr. T. Laskar, learned counsel for the petitioners. Also heard Ms. S. H. Borah., learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, Inamul Hoque @ Enamul Hoque and Burhan Uddin, seeking pre-arrest bail in connection with Lanka P.S. Case No. 13/2026 under Section 61(2)/126(2)/324(4)/303(2)/3(5) of BNS, 2023. 3. The FIR dated 21.01.2026 was lodged by the informant purportedly an RTI activist with the allegation that on the same day at around 8.25 pm when he was returning, the accused persons attacked him and caused damage to his vehicle and took away the dash camera and also cash of Rs.1,52,000/-. 4. The learned counsel for the petitioner drawing attention to para 5 of the bail petition submits that the informant is a self styled RTI activist running a Face book page by the name Astitva Foundation and by way of such activities, he blackmails government officials and extorts money from them. Drawing attention to para 8 of the bail petition supported by an affidavit, the learned counsel submits that upon not finding any material against the present petitioners whose relative are elected members of Gaon Panchayat, the informant physically attacked them to divert the issue. It is submitted that the examination of the dash camera of the car would reveal the complete incident Page No.# 3/3 but the same is in the mobile of the informant which he has not submitted before the police. 5. It is submitted by the learned Addl.Public Prosecutor that there are incriminating materials against the petitioners named above. They are on interim bail and they have appeared before the I.O. and their statements have been recorded. 6. I have considered the submission that the petitioners have not violated any bail condition. 7. In view of the foregoing discussions, the interim order dated 08.04.2026 is hereby made absolute under the same terms and conditions. 8. The anticipatory bail application stands disposed of. 9. Send back the Case Dairy. JUDGE Comparing Assistant