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2025 DAILYLAW 12003 (GAU)

DULAL DAS v. THE STATE OF ASSAM

AB/1045/2025 · 2025-06-12

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010096502025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1045/2025 DULAL DAS S/O MANINDRA DAS R/O PUB BHALUK MARI P.S. LANKA-782442 DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. S G BARUAH, MD. K ISLAM,MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 13.06.2025 Heard Ms. S. G. Baruah, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. This is an application filed under Section 482 of the BNSS, 2023, the petitioner Dulal Das Page No.# 2/2 has prayed for pre-arrest bail in connection with Bakalia P.S. Case No. 13/2025. Many people in the district of Karbi Anglong are involved in illegal coal mine. They excavated coal from the ground and transferred it to different places on some occasions. They even used to stock the said coal in the property of different persons. In this way, the Joint Director, Directorate of Geology and Mining, Assam had lodged an FIR before Police on 05.04.2025. The petitioner is the owner of two dumpers and one JCB. He allows other people to use those vehicles on payment of rent. According to the petitioner, his vehicles were also used for carrying coal. Therefore he apprehends that he may be arrested by Police. I have considered the submissions made by the learned counsel for both the sides. There are no materials against the present petitioner till now to show that the petitioner was involved in carrying coal illegally. He is the owner of two dumpers and one JCB only. He gives those vehicles on rent only to other people. Considering entire aspect of the matter, this court is of the opinion that the petitioner does not deserve to be detained in custody. Accordingly, it is hereby directed that in the event of arrest of the petitioner, namely, Dulal Das in connection with Bakalia P.S. Case No. 13/2025, the arresting authority shall release him on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to appear before the Investigating Officer as and when called for. With the above, the present anticipatory bail application is disposed of. JUDGE Comparing Assistant