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2025 DAILYLAW 16456 (GAU)

MAJIBUL HAQUE v. THE STATE OF ASSAM

AB/1809/2025 · 2025-09-03

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010161722025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1809/2025 MAJIBUL HAQUE SON OF AKBAR ALI RESIDENT OF VILL- KHOPNIKUCHI, NEAR KHOPNIKUCHI JAME MASJID, P.S. HAJO, KAMRUP, ASSAM-781102, CONTACT NO. 9101205836 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S SAHU, MR. T BHARALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 04.09.2025 Heard Mr. T. Bharali, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent. 2. By this application, the petitioner has prayed for pre-arrest bail in Page No.# 2/3 connection with Azara Police Station Case No. 87/2025 registered under Section 303(2)/316(3) of the BNS, 2023. 3. The FIR dated 01.06.2025 reveals that a Truck carrying 1500 cartons of oil pouches from Azara Yard towards Barpeta Road did not reach the intended destination and the informant tried to call up the owner as well as the driver but he found the phones of the respective persons switched off and as such, lodged the ejahar. During investigation, the Police had arrested few accused persons and during interrogation of the arrested accused persons, the name of the petitioner surfaced. 4. Mr. T. Bharali, learned counsel for the petitioner submits that the petitioner has no connection with the instant case and that the Police had called him once in connection with the said offence and as such, he apprehends his arrest and has filed the instant application. 5. Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent however on perusal of the Case Diary submits that the co-accused has named the petitioner that he is involved in hijacking the Truck and taking it to a different place from where he and others had sold the oil pouches to various shop keepers. He also submits that the Investigating Officer has also collected materials against the present petitioner. 6. On considering the submissions made by the learned counsels at the bar and moreso, due to the fact that the name of the petitioner was only taken by the co-accused of the said offence, this Court deems it fit that the petitioner may be released on pre-arrest bail on furnishing bail bond of Rs. 20,000/- with 1 local surety of like amount to the satisfaction of the arresting authority under the following conditions:- Page No.# 3/3 1. The petitioner will appear before the Investigating Officer within 7 (seven) days from today and will make himself available for interrogation as and when called for. 2. The petitioner will not temper with the evidence or influence any other witnesses. 3. The petitioner will not leave his place of residence without prior permission of the arresting authority. 7. Accordingly, the Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant