Page No.# 1/4 GAHC010071572025 2025:GAU-AS:5001 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/805/2025 ABDUL KALAM S/O LT HUSSAIN ALI R/O SATIPUR ,BARTOLOWA , PS DHALIGAON , DIST CHIRANG BTAD, ASSAM, PIN-783385 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR T H HAZARIKA, MR. K ISLAM,MR A RASHID,MR M CHETIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25.04.2025 1. Heard learned Counsel by Mr. T.H.Hazarika for the petitioner Abdul Kalam, who has filed this application under 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Bongaigaon Police Station Case No. 458/2023 under Section 379/381/406 Page No.# 2/4 of Indian Penal Code, 1860 added Section 413 of IPC, R/W Section 7 of Essential Commodities Act, 1955. 2. Learned Additional Public Prosecutor Mr. K.K.Das is present for the State respondent. 3. It is submitted that this is an old case. The FIR was lodged way back on 30.10.2023 and now, recently a notice has been issued against the petitioner. All the other accused have already been enlarged on bail by this Court vide order dated 23.11.2023. The petitioner has prayed for interim protection. Custodial interrogation is not required because investigation may have progressed substantially by now. 4. The FIR unfolds that on 29.10.2023 as per certain information, IPF/NBQ along with SI/CIB/RNY and HC/Kalen Bayan, has detained one tanker bearing registered No.NL-01N-7273 carrying HSD oil from BRPL to Railway Consumer Depot(RC)/NBQ. The investigation team called for a joint verification from the officers of IOCL/Bongaigaon. During joint measurement/verification, it was found that as per invoice a total of 24 KLs of HSD oil was loaded from IOCL/BNGN on 27.10.2023 in the said tanker but on physical verification, it was found that 02 (two) chambers out of 05 (five) chambers of the vehicle was empty and an amount of 14132 liters of HSD oil was found in the remaining 03 (three) chambers which revealed that an amount of 9868 liters of HSD oil was missing. Accordingly, they apprehended the driver Sonaullah Sk., who was driving the tanker since March, 2023. The owner of the tanker was Mahender Singh. The petitioner has prayed for bail on the ground of parity as all the co-accused have been released on bail vide the order of this Court dated 23.11.2023 in Page No.# 3/4 connection with Criminal Bail Application No. 4077/2023, order of this Court dated 15.12.2023 in Criminal Bail Application No. 4500/2023 and order of this Court dated 12.12.2023 in connection with AB/3821/2023. 5. It appears that as this is an old case and investigation has progressed substantially. The petitioner is willing to co-operate with the investigation. 6. Learned Addl.Public Prosecutor has raised serious objection by stating that there are incriminating materials in the Case Diary against the petitioner. The petitioner has prayed for bail on the ground of parity. 7. I have also scrutinized the Case Dairy. Indeed there are incriminating materials in the Case Diary against the petitioner. I have also considered that investigation has also progressed substantially. The petitioner is a local resident and he has pledged to abide by any stringent bail conditions, if imposed upon him. 8. It appears that pre-arrest bail may be granted to the petitioner. 9. The petitioner named above shall be released on pre-arrest bail in the event of arrest on furnishing bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: (i) The petitioner shall appear before the 1.0. within one week and shall co-operate with the investigation, (ii) The petitioner shall refrain from activities of which he is alleged, (iii) The petitioner shall appear before the 1.0. every fortnight till completion of the investigation, Page No.# 4/4 (iv) The petitioner shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the above conditions, pre-arrest bail granted to the petitioner shall automatically stand cancelled. 11. In terms of the above observations, the pre-arrest bail application stands disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant