Habibar Rahman Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Habibar Rahman Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail granted on a bail bond of Rs.20,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority, subject to conditions including reporting to the Investigating Officer within ten days, remaining within Boko Police Station jurisdiction absent written permission, non-interference with the investigation, and no inducement/threat/promise to witnesses; violation permits the Investigating Officer to seek cancellation of the interim bail.

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with Boko Police Station Case No. 50/2026.

Court's answer

The petitioner is to be released on pre-arrest bail on furnishing a bail bond of Rs.20,000/- with one local surety of the like amount, to the satisfaction of the Arresting Authority.

Ratio / Principle

The pre-arrest bail is subject to conditions: the petitioner shall appear before the Investigating Officer within ten days and thereafter as required and cooperate in the investigation; shall not leave the police station jurisdiction without prior written permission of the Officer-in-Charge, Boko Police Station; shall not hamper or tamper with the investigation; and shall not make any inducement, threat or promise to any person/witness acquainted with the facts so as to dissuade disclosure. On violation of any condition, the Investigating Officer may seek cancellation of the interim bail.

Key takeaways

The only allegation against the petitioner in the FIR dated 21.02.2026 is that he instructed his son (accused No.1) to demolish the informant's house.obiter¶16

Detailed headnote1 paragraphs

Pre-arrest bail — Gauhati High Court (Mrs. Justice Shamima Jahan, 11.03.2026) disposed of bail application AB/436/2026 of Habibar Rahman, father of accused No.1 in Boko P.S. Case No. 50/2026 (Ss.77/78(2)/64(1)/62/351(3)/3(5), BNS 2023 read with S.67(A), I.T. Act), noting the FIR dated 21.02.2026 alleged only that the petitioner instructed his son to demolish the informant's house. Bail granted on a Rs.20,000/- bond with one local surety, conditioned on reporting to the Investigating Officer within ten days, not leaving the police station jurisdiction without written permission, non-tampering with the investigation, and no inducement/threat/promise to witnesses; violation entitles the Investigating Officer to seek cancellation of the interim bail.

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GAHC010041252026

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

Case No. : AB/436/2026

HABIBAR RAHMAN S/O LT. RAHAM ALI VILL- JAWKATA DIA P.O. DEKACHANG P.S. BOKO DIST. KAMRUP, ASSAM, PIN-781136

VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MR. M U MONDAL, MR. A W MONDAL,MR A ALIM SK,MS. N NASRIN

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 11.03.2026

Heard Mr. Al. Alim Sk, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam.

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By this application the petitioner has prayed for bail in connection with Boko Police Station Case No. 50/2026 registered under Sections 77/78(2)/64(1)/62/351(3)/3(5) of BNS, 2023 read with Section 67(A) of the I.T. Act.

The FIR dated 21.02.2026 reveals that the petitioner who is the father of the accused No.1 has instructed his son i.e. accused No.1 for demolishing the house of the informant. That is the only allegation against the petitioner.

Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam however states that there are no materials against the father only to the extent that there was some instruction given by the father to the son, who is alleged to have made viral the half necked photographs of the informant.

Upon consideration of the submissions made by the parties, this Court deems it fit that the petitioner be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- (Rupees twenty thousand ) only with one local surety of the like amount to the satisfaction of the Arresting authority on the following conditions:

That the petitioner shall appear before the Investigating Officer within 10(ten) days from today and such other dates as required and co-operate in the investigation as and when required;

The petitioner shall not leave the jurisdiction of the police station, without prior written permission from Officer-in-Charge, Boko Police Station.

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That the petitioner shall not hamper or tamper with the investigation in any manner; and

That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

If any of the conditions are found to be violated by the petitioner then the Investigating Officer shall be at liberty to seek cancellation of the interim bail granted to the petitioner.

Accordingly, the bail petition is disposed of.

JUDGE

Comparing Assistant