Gauhati High Court
AB/2160/2026 of ENAMUL HOQUE Vs THE STATE OF ASSAM on 17 September 2026
GAHC010180302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AB/2160/2026 ENAMUL HOQUE S/O-REAZ UDDIN R/O-VILL-MAHMARA P.O-MAHMARA BILL P.S DISTRICT MORIGAON ASSAM PIN CODE 782104 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED
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GAHC010180302026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AB/2160/2026 ENAMUL HOQUE S/O-REAZ UDDIN R/O-VILL-MAHMARA P.O-MAHMARA BILL P.S DISTRICT MORIGAON ASSAM PIN CODE 782104 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR ASSAM
:::BEFORE::: HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
Advocates: For the petitioner : Mr. N. Islam, Advocate For the respondents: Mr. K.K. Das, Addl. P.P, Assam Date on which judgment is reserved: 15.09.2026
Date of pronouncement of judgment: 18.09.2026
Whether the pronouncement is of the Operative part of the judgment :
Whether the full judgment has been Pronounced : Yes
Judgment & order(CAV) Heard Mr. N. Islam, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor appearing for the State. By this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, Enamul Hoque, has prayed for grant of pre-arrest bail in connection with Tezpur P.S. Case No. 446/2026 registered under Sections 316(2)/318(4)/336(3)/340(2)/61(2) of BNS R/W Section 66(C)/66(D)/72(A) of I.T. Act.
3. The allegation made in the FIR is that one Nazmul Ansari on 27.07.2026 lodged a written complaint before the Officer-in-Charge of Tezpur Police Station suspecting misuse of his biometric, fingerprint and iris scan by one Mr. Jewel Ahmed. The informant enrolled himself in a Skill India Related program of the Government of India. For the purpose of enrolment, the said Mr. Jewel Ahmed took his documents, biometric details, finger print and iris scans. Initially, the informant was told that the biometric details would be required for the purpose of registration and Aadhar/KYC verification and after completion of verification the informant would be imparting training followed by payment of stipend.
4. However, the informant became skeptical from the factum of storing of his biometric details and use of the same for the purpose of attendance. Hence, fearing misuse of his biometric details, he lodged the FIR dated 27.07.2026. Accordingly, the police registered the Tezpur P.S. Case No. 446/2026 registered under Sections 316(2)/318(4)/336(3)/340(2)/61(2) of BNS R/W Section 66(C)/66(D)/72(A) of I.T. Act.
5. Learned counsel for the petitioner submits that the petitioner is not an FIR named accused and he has no involvement in the present case and despite that the police are looking for him.
6. The bail objection filed by the I/O does not mention the present petitioner and despite the best efforts of learned Additional P.P. nothing with regard to the present petitioner would be located in the voluminous CD. Having regard to the above, the prayer for pre-arrest bail is allowed.
7. It is directed that in the event of his arrest in connection with the aforesaid case, the petitioner named above shall be released on pre-arrest bail on furnishing bail bond Rs.50,000/- with surety of like amount to the satisfaction of the arresting authority. It is further directed that the petitioner shall appear before the I/O within a period of 10 days from today and cooperate with the investigation. The pre-arrest bail application stands allowed and disposed of.
JUDGE Comparing Assistant