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2026 DAILYLAW 6624 (GAU)

JAHUR UDDIN ALIAS JAHUR UDDIN FAKIR v. THE STATE OF ASSAM AND ANR

AB/639/2026 · 2026-05-12

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010060132026 2026:GAU-AS:6617 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/639/2026 JAHUR UDDIN ALIAS JAHUR UDDIN FAKIR S/O LATE ABBACH ALI VILL- TENGAGURI, P.O. TENGAGURI, P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM, PIN-782127 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SAFIQUL ISLAM S/O ABUL HUSSAIN R/O AUTALABORI LAHORIGHAT P.S. LAHORIGHAT DIST. MORIGAON PIN-78212 Advocate for the Petitioner : MR. S BORTHAKUR, R DEB,MS. S KAKATI Advocate for the Respondent : PP, ASSAM, MR. K M HASSAN Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 13.05.2026 1. Heard learned Counsel Mr. S. Borthakur for the petitioner Md. Jahur Uddin @ Jahur Uddin Fakir who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail apprehending arrest in connection with Laharighat PS Case No. 246/2025 under Section 61(2)/127(4)/143(5) of the BNS r/w Section 12/17 of the POCSO Act r/w 75 of Juvenile Justice ( Care and Protection of Children) Act. 2. Learned Addl.Public Prosecutor Mr. B. Sharma is present for the State respondent. 3. It is submitted on behalf of the petitioner that the petitioner is not involved in any offence under the POSCO Act. The objectionable materials were found in the phone of the co-accused who has already been arrested in connection with this case and 7 mobile phones were also seized in connection with this case. 4. It is submitted by the Learner Additional PP that the Madrasa was illegally run in the premises of the present petitioner and thus, the petitioner is not entitled to anticipatory bail. 5. I have also scrutinized the Case Diary. The petitioner who was on anticipatory interim bail has appeared before the I.O and he has co-operated with the investigation. I have considered the submission that the petitioner is not the prime accused in this case. I have also considered the submission that the petitioner has not violated any bail conditions and he is willing to co- operate with the remaining part of the investigation. Page No.# 3/3 6. Considering all aspects, the interim Order dated 23.03.2026 is hereby made absolute subject to the condition that the petitioner shall co-operate with the investigation as and when required. 7. Send back the Case Dairy. JUDGE Comparing Assistant