Page No.# 1/4 GAHC010267142024 2025:GAU-AS:1535 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3303/2024 SOLIMUDDIN SHEIKH S/O SAKIDAR ALI VILL- GORUPURATARI PS. MATIA DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M SHELIM, MR. R ALI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 14-02-2025 Heard Mr. M. Shelim, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 2. Apprehending his arrest, the petitioner, namely, Solimuddin Sheikh, son of Sakidar Ali, resident of Village-Gorupuratari, Police Station-Matia, District- Goalpara has filed this application under Section 482 BNSS, 2023 seeking pre- arrest bail in Changsari Police Station Case No. 261/2024 registered under Sections 318(4)/316(3), BNS, 2023. 3. As per the FIR dated 21.09.2024, lodged before Gauripur Outpost under Changsari Police Station by the Manager of M/s. North Eastern Carrying Corporation Limited having its office at Numuli Jalah, Amingaon, the case is that on 11.09.2024 his company loaded a Truck bearing Registration No.AS-25FC- 4622, through one broker near Game Village, Beltola at Guwahati and the owner of the truck is one Mr. Abdul Majid and the driver is one Md. Akram Ullah. The said truck was to carry the goods of the said company from Guwahati to Imphal and it had 440 packages of miscellaneous goods worth Rs.27,86,185/- in the said truck No.AS-25FC-4622, Chassis No.4964980. Though the said truck stopped at Khatkhati near Dimapur due to road blockage and after 4-5 days it moved from Khatkhati for Imphal, but the said truck did not reach Imphal. Hence, enquiry was made by them, but failed to find any clue or response from the owner of the said truck or the driver concerned. As such, the FIR was lodged, which was accordingly, registered as Changsari P.S. Case No. Page No.# 3/4 261/2024 under Sections 318(4)/316(3), BNS, 2023. 4. Later, through the Officer-in-Charge of Changsari Police Station, the informant got information that the said truck was seized at Goalpara about two months back in some other case, involving two accused persons namely, Mr. Kalimuddin and Mr. Arif as its drivers. 5. Petitioner earlier obtained bail in Matia P.S. Case No.44/2024 registered under Sections 61(2)/303(2) BNS, 2023, read with Section 11 of the Prevention to Animal Act and read with Section 13 of the Assam Cattle Preservation Act corresponding to G.R. No.677/2024, from the Court of learned Additional Sessions Judge, Goalpara as his truck bearing Registration No.AS-25FC-4622 was involved in the said case. 6. Perused the case diary placed before the Court today by Mr. B. Sarma, learned Addl. PP. 7. From the case diary, it is seen that the arrested accused persons of said Changsari P.S. Case No. 261/2024 implicated the petitioner and stating that the petitioner is also having a truck with the same Registration No.AS-25FC-4622, who took away the goods from the subsequent truck of the same numbers on which the informant of said Changsari P.S. Case No. 261/2024 sent to goods to Imphal. 8. Case diary also reveals that the truck bearing Registration No.AS-25FC- 4622 with Chassis No.4964980, in which the informant sent the goods to Imphal have neither been recovered nor the goods sent in the said truck. 9. Considering such materials in the case diary and the involvement of the petitioner in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, named above, in said Changsari P.S. Case Page No.# 4/4 No. 261/2024. 10. Accordingly, this pre-arrest bail application of the petitioner, namely, Solimuddin Sheikh, in said Changsari P.S. Case No. 261/2024 stands rejected. 11. Return the case diary. JUDGE Comparing Assistant