Page No.# 1/5 GAHC010094962025 2025:GAU-AS:6453 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1033/2025 PRADEEP KUMAR YADAV AND ANR S/O- BHULLI YADAV R/O- BORAGAON CHARIALI, WEST BORAGAON, GOTANAGAR, GUWAHATI-781033 DIST.- KAMRUP (M), ASSAM 2: BINDA KUMAR YADAV S/O - RAM BHAROSH YADAV R/O- BORAGAON CHARIALI WEST BORAGAON GOTANAGAR GUWAHATI-781033 DIST.- KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, A. HOQUE Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 20.05.2025 1. Heard Mr. B. Chowdhury, the learned counsel for the petitioners. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Pradeep Kumar Yadav and (2) Binda Kumar Yadav, who are apprehending their arrest in connection with Katigora P.S. Case No. 13/2025, corresponding to G.R. Case No. 348/2025 under Sections 61(2)/316(3)/318(4)/303(2)/112(1) of the BNS, 2023. 3. The gist of accusation in this case is that on 03.03.2025, the victim-girl had lodged an FIR before the Officer-In-Charge of Katigorah police station, inter alia, alleging that the firm of the first informant had ordered transportation of 30 metric ton steel materials from the stockyard at Abhoypur, North Guwahati to Silchar Stockyard and for the said purpose, Truck No. AS-01QC-7946 was engaged from the Broker Binda Kumar Yadav(petitioner No. 2) and an advance of Rs. 52,000/- (Rupees Fifty-Two Thousand only) was paid. However, it is stated in the FIR that Page No.# 3/5 after loading of the consignment, the said consignment did not reach its destination and later on, when the informant tried to contact the driver, he was not found and he informed that the vehicle got break down on the way. Later on, the vehicle was found in an abandoned condition at Katigorah. 4. The learned counsel for the petitioners has submitted that the petitioners are not involved in the offence alleged in this case, as the petitioner No. 1 is the owner of the Truck, which was engaged by the first informant to carry the consignment and the petitioner No. 2 is the broker, who arranged the Truck. 5. The learned counsel for the petitioners has also submitted that after the said Truck was hired by the informant, the owner of the Truck had authorized his driver Bipul Marak to carry the said Truck to the destination and he was unaware about offloading of the Truck in the midway. 6. The learned counsel for the petitioners has further submitted that in the meanwhile, the consignment has been recovered from the third party and the petitioners are ready to cooperate in the investigation. 7. On the other hand, the learned Additional Public Prosecutor has submitted that there are some incriminating materials against the petitioners in the Case Diary, inasmuch as the driver of the Truck which was engaged to carry the consignment is yet to be traced out and there is evidence of conspiracy in the Case Diary amongst the accused persons. 8. He, however, submits that the consignment which is involved in Page No.# 4/5 this case has already been recovered from the third party and the Zimma of the same has been given to the owner of the consignment. 9. I have considered the submissions made by the learned counsel for both the sides and have perused the Case Diary of Katigora P.S. Case No. 13/2025. 10. Considering the fact that the consignment which was offloaded by the accused driver without any authority has already been recovered and Zimma of the same has been given to the owner as well as considering that in the meanwhile, investigation has also progressed fairly, this Court is of considered opinion that if the petitioners cooperate in the investigation, their custodial interrogation may not be necessary. Hence both the petitioners are directed to appear before the Investigating Officer of Katigora P.S. Case No. 13/2025 within a period of 10(ten) days of the date of this order and cooperate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the above-noted case, they shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) each with a suitable surety of the like amount, subject to the satisfaction of the arresting authority with following conditions:- (i) the petitioners shall co-operate in the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer or to any Court. Page No.# 5/5 11. Send back the Case Diary. 12. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant