Page No.# 1/4 GAHC010264432024 2025:GAU-AS:703 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3268/2024 MINARUL ALI S/O JABBAR ALI VILL- MOLLA PARA BAGICHA SUPA P.O. HOWLY MOHANPUR P.S. MANGALDOI DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 23.01.2025 Heard Mr. H.A. Ahmed, learned counsel for the applicant. Also heard Mr. K.K. Parashar, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Tezpur P.S. Case No. 661/2024, Page No.# 2/4 under Sections 331/303(2) of the BNS, this application under Section 482, BNSS is preferred by applicant, namely, Minarul Ali, for grant of pre-arrest bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Lakhya Jyoti Borah, Store Manager of U1VE, Siddharth Sripani Smart Point, Tezpur on 09.11.2025. The essence of allegation in the FIR dated 09.11.2025, is that on 09.11.2024, at around 1600 hours, the informant had observed abnormal behaviour of the driver of the goods vehicle, bearing Registration No. AS-01-PC-9815, and the said vehicle delivered goods at Dalim Bora Path Smart Point, Tezpur, and 2 HU short having 24 quantities short of worth Rs. 3732.16/- was detected and upon inspection of the vehicle seal, it was found that the seal was tampered with. Thereafter, they had also noticed 4 HU short worth Rs. 6348.48/- and another 1 HU short in the shipment of Archana Complex, Biswanath, worth Rs. 1599/-, and found the total shortage was 806 quantities, worth of Rs. 99,652.98/-. 4. Mr. Ahmed, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR, and that the driver of the vehicle, namely, Zeherul Ali has already been arrested and forwarded to the Court, and that the applicant is ready to cooperate with the investigating agency, and therefore, it is contended to allow the application. 5. On the other hand, Mr. Parashar, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the I.O. has collected some materials against the applicant during investigation and that the driver of the vehicle has implicated him, and therefore, Mr. Sarma has opposed the application. 6. Having heard the submissions of learned Advocates of both sides, I have Page No.# 3/4 gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Parashar, learned Additional Public Prosecutor. 7. It appears that the driver of the vehicle has already been arrested and forwarded to the Court and the I.O. has also examined some witnesses. 8. In view of the materials collected so far in the case diary as well as the progress of investigation, and also considering the nature and gravity of the offence, custodial interrogation of the applicant seems to be not warranted here in this case in the interest of investigation, and therefore, this Court is inclined to allow the application. 9. Accordingly, it is provided that in the event of arrest of the applicant in connection with Tezpur P.S. Case No. 661/2024, under Sections 331/303(2) of the BNS, he shall be released on pre-arrest bail on executing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions: (i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required; (ii) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The applicant shall not leave the jurisdiction of the learned C.J.M., Sonitpur, Tezpur without prior permission. 10. In terms of above, this application stands disposed of. Page No.# 4/4 11. Case diary be returned. JUDGE Comparing Assistant