Page No.# 1/3 vs The State Of Assam
2026 Latest Caselaw 3299 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 8 April, 2026

                                                                        Page No.# 1/3

GAHC010072342026




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                            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,


                                  BEFORE
                      HONOURABLE MR. JUSTICE PRANJAL DAS

                                           ORDER

Date : 08.04.2026

Heard Mr. T. Laskar, learned counsel for the petitioners. Also heard Mr. Page No.# 2/3

P. Borthakur, learned Additional Public Prosecutor for the State.

2. This is an 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 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. Drowning 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 but the same is in the mobile of the informant which he has not submitted before the police.

6. Call for the case diary from the concerned police station.

7. However, in the interim, in the event of arrest of the accused- petitioners, named above, shall be released on interim 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, on furnishing bail bond of Page No.# 3/3

Rs.25,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority.

8. The direction for bail is further subject to the condition(s) that the petitioners:

(a) that they shall cooperate with the investigation and appear before the I/O for examination; and

(b) that they shall not hamper or tamper with the evidence.

9. Violation or breach of condition(s) shall entail cancellation of the bail.

10. List on 15.05.2026.

JUDGE

Comparing Assistant