Page No.# 1/3 GAHC010204382025 2025:GAU-AS:13330 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2220/2025 IMDADUL HUSSAIN SON OF ALI HUSSAIN RESIDENT OF MAJORBORI JALUGUTI, P.S. MIKIRBHETA, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,MS SURAYA RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 24.09.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. D.P. Page No.# 2/3 Goswami, learned Additional Public Prosecutor for the State. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Imdadul Hussain, has prayed for granting pre-arrest bail, apprehending arrest in connection with Manja P.S. Case No. 20/2025, under Section 61(2)/336(3)/340(2)/303(2)/317(2) of BNS, 2023. 3. The FIR dated 19.08.2025 is lodged by one SI(P) Abdul Rafik Sikdar. The allegations in a nutshell are that on 17.08.2025, during naka checking, a motor cycle bearing Regd. No. AS-02-AP-0158 was detained and some discrepancies were found in the engine and chassis number and the rider was one Abdul Mutalib. Subsequently, upon inquiry by the DTO, the actual registration number was prima facie found to be AS-21-M-9837 belonging to one Abdul Malek. That, it emerged from the statement of Abdul Mutalib that the vehicle was purchased by one Abdul Kashem from Imdadul Hussain. It is alleged in the FIR that there is suspicion that the two wheeler bike might been used for illegal activities or may be subject of theft. 4. The learned counsel for the petitioner has drawn my attention to para 9 of the petition and submits that the present petitioner is a professional third-party recovery agent in the office of Bajaj Finserv and that as per lawful duty, he visited the house of the registered owner and recover EMIs and being unable to clear the dues, the said owner gave the vehicle and thereafter, with proper authority, it was sold to Abdul Kashem for Rs.40,000/-. It is submitted that the petitioner has no knowledge about the vehicle being used in any illegal activities. 5. It is submitted by the learned counsel for the petitioner that pursuant to grant of interim bail on 10.09.2025, the accused/petitioner has appeared before Page No.# 3/3 the I/O and his statement has been recorded and further submits that the petitioner shall co-operate with the investigation and that the interim bail may be made absolute. 6. Mr. D. P. Goswami, learned Addl. P.P. submits that the two wheeler vehicle in question has been recovered by the police during investigation. The purchaser of the same is also co-accused, who purchased the same from the present petitioner. In his statement, the present accused/petitioner has admitted about tampering with the registration number, but not with the chassis number. 7. Despite the existence of some adverse materials against the present petitioner, considering the fact that the allegedly illegally sold vehicle of two wheeler has been recovered and the petitioner has also appeared before the I/O and his statement has also been recorded, pursuant to grant of interim bail – I am of the considered view perhaps it may not be necessary to cancel the interim bail. 8. In such view of the matter, the interim bail granted to the petitioner vide order dated 10.09.2025 is hereby made absolute with the following conditions:- (i) shall co-operate with the remaining part of the investigation, (ii) shall not hamper or tamper with the case. (iii) shall not commit any illegal act. 9. Send back the case diary. JUDGE Comparing Assistant