Bail Appln./2698/2026 of HABIBAR RAHMAN AND 12 ORS. Vs THE STATE OF ASSAM on 17 September 2026

ORDER

18.09.2026 Heard Mr. A. Paramanik learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

2. This bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by the accused persons, namely, Habibar Rahman, Muzzamil Hoque @ Mojamil Haque, Bakkar Hussain, Abdul Kader, Abbas Ali, Ali Hussain, Asur

Uddin, Adur Rouf, Jakir Hussain, Jalal Uddin @ Jalal Uddin Ahmed, Manik Ali Ahmed, Jahirul Islam and Abdul Latif Mondal @ Abdul Lotif Mondal, who have been languishing in jail hazot since 04.09.2026, in connection with Nagarbera P.S. Case No.58/2026, under Section 308(6)/308(7)/318(4)/319(2)/112/351(2)/351(3)/61(2)/317(4)/3(5)/ 3(6)/3(8)/3(9) of BNS, for grant of bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by S.I. Champak Kalita, Nagarbera Police Station, on 05.09.2026. The allegations against the present accused are that they, without holding any public office, exercise no lawful authority and possess no professional qualification, they entrenched themselves in and about the precincts of the police station and are making a business of exploiting members of the public, who came there in connection with police work and they are acting pursuant to a criminal conspiracy formed between them to do illegal acts and each of them does overt acts in pursuance of that conspiracy in accosting persons near the police station and putting false character and false authority and false advice and induced the public to pay and compelled to compromise the dispute and also got false criminal cases registered and involved in threat and intimidation and thereby extort money from the public.

4. Mr. Paramanik, learned counsel for the accused, submits that the accused were arrested on 04.09.2026, and since then they are languishing in jail hazot for last 15 days and he also submits that nothing specific is mentioned in the FIR, dated 05.09.2026 against the accused and in connection with similar cases, the learned Trial Court and also the Coordinate Bench of this Court have already granted bail to some of the similarly situated accused persons and that the present accused are ready to cooperate with the investigating agency and will face the trial and under such circumstances, he has contended to allow this petition.

5. Per contra, Mr. Sarma, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the I.O. has collected some materials against the present accused persons and the investigation is still going on and under such circumstances, he has contended to dismiss the petition.

6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Addl. P.P.

7. It appears that the I.O. has collected some materials in support of the allegation made in the FIR. However, considering the period of detention and also considering the nature of accusation and the materials collected so far in the case diary, this Court is the view that their further custodial detention, in the interest of investigation, may not be required. And therefore, this Court is inclined to allow this application.

8. It is provided that on furnishing a bond of Rs.20,000/- each, with one surety each of the like amount to the satisfaction of the learned Judicial Magistrate First Class, Boko, the accused persons, namely, Habibar Rahman, Muzzamil Hoque @ Mojamil Haque, Bakkar Hussain, Abdul Kader, Abbas Ali, Ali Hussain, Asur Uddin, Adur Rouf, Jakir Hussain, Jalal Uddin @ Jalal Uddin Ahmed, Manik Ali Ahmed, Jahirul Islam and Abdul Latif Mondal @ Abdul Lotif Mondal, shall be enlarged on bail.

9. The case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE