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2025 DAILYLAW 16717 (GAU)

AKKAS ALI v. THE STATE OF ASSAM

AB/1835/2025 · 2025-09-01

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010166592025 2025:GAU-AS:11832 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1835/2025 AKKAS ALI S/O- HUSSAIN ALI. R/O- VILL.- NO.3 SHYAMPUR, P.O.- DALGAON, P.S.-SHYAMPUR, DIST.- DARRANG, ASSAM, PIN - 784116. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. A MOBARAQUE, MD S ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 02.09.2025 Heard Mr. A. Mobaraque, learned counsel for the applicant as well as Mr. B. Sarma, learned APP for the State respondent. 2. This instant application filed under Section 482 of BNSS praying for granting anticipatory bail to the petitioner in connection with Dalgaon Police Page No.# 2/3 Station Case No. 90/2025 under Section 309(6) BNS (GR) No. 368/2025. 3. The facts of the case as projected by the applicant that one Amir Hussain resident of Kharupetia, Darrang, Assam lodged an FIR on 16.05.2025 with the Dalgaon Police Station stating, inter alia, that on 02.05.2025 at about 1 PM the informant along with his friends namely, Hamidul Haque and Meherul Islam went to his father-in-law’s house at Silbori from his own house at Alikash and was returning with some money amounting to Rs. 2,70,000/-, which was kept for the purpose of a lease for Betel-Nut tree garden, by an Alto vehicle bearing No. AS 01 FW 6761. While returning through Assam Mala path, when they reached near Milan Chowk, his friend Meherul Islam after stopping the vehicle, went to attend his nature’s call. In the meanwhile, one white color vehicle arrived at the place of occurrence with 5/6 miscreants who wrongfully restrained and physically assaulted them and snatched away the aforesaid money threatening with sharp weapons and gun point. The informant alleged that he has strong believe that the owner of the vehicle namely, Meherul Islam is involved in the incident. After receipt of an ejahar, Dalgaon Police Station Case No. 90/2025 under Section 309(6) BNS was registered. 4. The learned counsel for the applicant submits that he is no way linked to the aforesaid incident. He further submits that his name was not mentioned in the FIR as well. However, since Meherul Islam is named in the FIR, he apprehends that he may be also arrested in the instant case, therefore, he prays for releasing him in the instant pre-arrest bail 5. This Court has heard the learned APP, who submits that he has received the Case Diary as well as the instructions from the IO. He submits that the accused Meherul Islam is already arrested as well as the investigation is on and as per the statements that have been recorded by the police during the Page No.# 3/3 investigation, a prima-face case against the accused applicant could be found. 6. This Court has gone through the statements recorded by the police and have seen that investigation is going on. The statements of accused persons as well as witnesses are being recorded. The statements already recorded prima- facie reveal that the accused applicant is involved in the aforesaid offence narrated in the FIR. 7. In view of the aforesaid observations, this Anticipatory Bail Application is rejected. 8. Accordingly, the instant Anticipatory Bail application is disposed of, as rejected. JUDGE Comparing Assistant