Page No.# 1/3 GAHC010108112025 2025:GAU-AS:11783 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1151/2025 SHABDUL ISLAM @ SABDUR ALI @ SHARIF ALI S/O SABAN ALI R/O VILL- BAGHBOR P.O. AND P.S. BAGHBOR DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. S UDDIN,MR M HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 01.09.2025 1. Heard learned Senior Counsel Mr. N. J. Dutta for the petitioner Shabdul Islam @Sabdur Ali @Sharif Ali who is 17 years 4 months 13 days who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 Page No.# 2/3 with prayer for pre-arrest bail as he is apprehending arrest in connection with Changsari Police Station Case No. 58/2025 under Section 316(3) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the respondent State. 3. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. The petitioner is almost at the verge of attaining majority as he was more than 17 years old at the time of the incident. 4. It is further submitted that the petitioner has admitted that he has acted at the behest of his father. 5. I have also scrutinized the Case Diary. 6. It is submitted on behalf of the petitioner that the truck bearing registration No. AS-01RC-7886 loaded with 600 cases of nuts disappeared while proceeding from Gauripur to Changsari. The mobile phone of the owner of the vehicle was switched off when the informant made several attempts to contact the driver. 7. I have considered the submissions at the Bar. 8. The petitioner is the son of the owner of the vehicle. The petitioner has appeared before the I.O. and his statement has been recorded. Investigation has progressed substantially. The petitioner has pledged to co-operate with the remaining part of investigation. It appears that custodial interrogation may not be required. 9. Thereby, the interim order dated 27.05.2025, is hereby made absolute under the same terms and conditions. Page No.# 3/3 10. Send back the Case Diary. 11. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant