Rajib Hussain and Anr. Vs the State of Assam

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GAHC010110242026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1208/2026

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RAJIB HUSSAIN AND ANR S/O ABUL HUSSAIN R/O. HOUSE NO. 5, HATIGAON, SIJUBARI, NOTBOMA, P.S. HATIGAON, GUWAHATI 781038 DISTRICT KAMRUP (M), ASSAM.

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2: CHINMAYA KUMAR JENA S/O CHITTA RANJAN JENA PERMANENT RESIDENT OF BALIPATANA P.S. PATTAMUNDAI DISTRICT KENDRAPARA 754215 ODISHA PRESENT ADDRESS MURARA NEAR MARUTI SUZUKI SHOWROOM RANGIA DISTRICT KAMRUP ASSAM VERSUS

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THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM.

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Advocate for the Petitioner : MR F HAQUE, MR A ISLAM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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Date : --08.06.2026

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Heard Mr. F. Haque, the learned counsel for the petitioner and Mr. K. Baishya, the Public Prosecutor for the Stat of Assam.

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By this application, the petitioner has prayed for grant of pre-arrest bail. The petitioner submits that he received a call from a police personnel attached to Kamarkuchi Police Station informing him that a case had been registered in connection with an incident wherein a labourer allegedly fell from an electric pole and that the family members of the said labourer had lodged the case against him. Apprehending arrest in connection with the said case, the petitioner has filed the present application.

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The petitioner's case is that, he was a contractor engaged by M/s. Laser Power and Infra Ltd., Rangia, for execution of electric pole erection and wirestringing works. The petitioner further stated that he had sublet the execution of the said work to one Sorman Ali, who carried out the work through a team of labourers engaged by him.

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The petitioner further stated that, on 31.05.2026, he lodged an ejahar before the Officer-in-Charge of Kamarkuchi Police Station informing that one person had died having fallen from an electric pole while carrying out work at the site. In the said ejahar, he mentioned that it was Sorman Ali who used to look after all the work and, therefore, he was not involved in the engagement, supervision, or deployment of labourers at the site. He also stated that upon receiving information regarding the incident and the subsequent death of the victim, he immediately rushed to the hospital.

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However, after lodging the ejahar, the petitioner came to learn that another ejahar had been lodged against him by the family members of the deceased victim.The learned counsel for the petitioner submits that the petitioner has no role in the work at site.

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Mr. K. Baishya, learned Public Prosecutor, however, submits that the case diary of the instant case would make the factual position clear.

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Mr. K. Baishya, the learned, PP, submits that he has no instructions, as to whether, any FIR was lodged against the present petitioners and as such, he prays that he may be given some time to bring the instruction to that effect.

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However, in the facts and circumstances of the case, the petitioners be released on interim pre-arrest bail on furnishing a bail bond of Rs. 20,000/(Rupees Twenty Thousand) with one local surety each in case an FIR is lodged against them, under the following conditions:

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(i) The petitioners shall appear before the Investigating Officer within a period of 10 days from the date of receipt of this order.

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(ii) The petitioners will appear before the Investigating Officer as and when called for.

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(ii) The petitioners will not leave their residential address without informing the Arresting Authority.

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