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2026 DAILYLAW 9875 (GAU)

TAFIZUL ISLAM HAZARIKA v. THE STATE OF ASSAM

AB/638/2026 · 2026-07-20

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010059882026 2026:GAU-AS:9976 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/638/2026 TAFIZUL ISLAM HAZARIKA (PROPRIETOR M/S T.S. ENTERPRISE) S/O LATE RAFIQUL HAZARIKA R/O SUNPURA GHAT, GORGAON, SIVASAGAR, P.O.GORGAON, P.S. SIVASAGAR, ASSAM, PIN-785685, DIST. SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A K GUPTA, MS M BORAH,MR. P GOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 21.07.2026 Heard Mr. A.K. Gupta, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/3 2. This is an application filed under Section 482 of BNSS, 2023 for granting pre-arrest bail to the accused/petitioner in connection with Sivasagar P.S. Case No. 12/2026 corresponding to G.R. Case No. 29/2026 under Section 61(2)/316(2)/316(5)/318(4)/336(3)/340(2) of BNS, 2023. 3. It is submitted by Mr. Gupta that the present petitioner is Contractor by profession and he has completed the said project of water supply of Kheluwa Water Supply Scheme in the year 2023 and earlier also on the basis of other complaint one Inspection Committee was constituted and they has inspected the project. Thereafter only with some mala fide intention, the FIR has been lodged in the year 2025 after 2 years of completion of project. Further, it is alleged that fake and forged certificates of C.I.P.E.T were used. But, from the annexures filed along with the present petition which was issued by one Executive Engineer as well as the Department concerned certifying the authentication of those pipelines which was installed in the said project. 4. Pursuant to the interim protection granted by this Court, the petitioner appeared before the Investigating Officer (I.O.), and his statement has been recorded. The attention of the Court was also drawn to Annexure 4 of the bail application, which encloses an inspection report, as well as Annexure 3, containing a letter dated 03.03.2026 issued by the Nodal Officer, CIPET, Guwahati to the Executive Engineer, PHE, Nazira Division. In the letter, it is stated that the documents and CIPET inspection reports submitted regarding the work order, scheme, and contractor have been verified against available records, and the details contained therein were found to be matching and consistent with the available documents. 5. The learned Additional Public Prosecutor submits that the investigation of the case is in progress. Page No.# 3/3 6. Having regard to the above, the prayer for pre-arrest bail is allowed. Interim Order dated 22.05.2026 is hereby made absolute on the same conditions. 7. Petition stands allowed accordingly. JUDGE Comparing Assistant