Page No.# 1/3 GAHC010217592025 2025:GAU-AS:13490 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2367/2025 JABRUL HOQUE @ JABRUL S/O- ABDUL SUFAN. VILL.- BALIA BASTI, P.S.- NILAMBAZAR. DIST.- SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN,A S PRODHANI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 26.09.2025 Heard Mr. H.R. Choudhury, learned counsel appearing for the petitioner. Also heard Mr. R. Kaushik, learned Addl. Public Prosecutor appearing for the State. Page No.# 2/3 By this application, the petitioner has prayed for pre arrest bail in connection with P.R.C Case No. 2492/2024 corresponding to G.R. Case No. 2292/2020 arising out of Nilambazar P.S. Case No. 225/2020 registered under Section 379/413 IPC. The FIR dated 11.09.2020 reveals that on the secret information about miscreants crossing cattle towards Banglaesh side, the troops of BOP Balia surrounded the miscreants and tried to apprehend them but the said miscreants fled away from the said place and while fleeing it is stated that the miscreants had named each other and that the BSF parties upon hearing the name of the miscreants named them in the FIR and the petitioner is one of them. Mr. H.R. Choudhury, learned counsel appearing for the petitioner submits that the offence of theft is not attracted in the instant case and that the petitioner is also not involved in the said offence and the said FIR was only lodged on suspicion about involvement of the petitioner. He further submits that on completion of the investigation, the police have submitted the charge sheet against the petitioner and one another wherein the petitioner was shown as an absconder and that thereafter summon was issued to the petitioner. However, he submits that since the offence is a non bailable offence, the petitioner apprehends arrest. Mr. R. Kaushik, learned Addl. Public Prosecutor however submits that the Page No.# 3/3 allegation made in the FIR is serious in nature and that the petitioner is shown as an absconder in the charge sheet and that since only summon was issued to him, the petitioner has no grounds to apprehend the arrest. Upon consideration of the submissions made by the counsels and on perusal of the charge sheet as well as the other documents on record more so in view of the fact the name of the petitioner were written only on the basis of his name being heard by the BSF personnel on being taken by other co-accused , this Court finds it fit that the petitioner may be released on pre arrest bail on furnishing of a bail bond of Rs. 20,000/-(Rupees twenty thousand) with one (1) local surety of the like amount to the satisfaction of CJM, Sribhumi under the following conditions:- 1) The petitioner shall cooperate with the investigation and shall appear before the Trial Court as and when called for. 2) The petitioner shall not tamper with the evidence or influence any of the witnesses. 3) The petitioner shall not leave the jurisdiction of the CJM, Sribhumi without prior permission of the said Court. The petition is disposed of. JUDGE Comparing Assistant