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2025 DAILYLAW 24713 (GAU)

NUR ALOM AND ANR v. THE STATE OF ASSAM

Bail Appln./3852/2025 · 2025-12-07

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010263052025 2025:GAU-AS:16942 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3852/2025 NUR ALOM AND ANR S/O-LATE SUKUR ALI.RESIDENT OF VILLAGE - BHAIRARPUMP.S.- BAGHBORDIST BARPETA, ASSAM. 2: MAKIBUL ISLAM S/OLT. SAMSUL HOQUE RESIDENT OF VILL- BAR AGDIA P.S. BAGHBOR DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A T SARKAR, S R DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 08.12.2025 Heard Mr. A.T. Sarkar, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Addl. P.P. appearing for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the accused petitioners, namely, Nur Alom and Mokibul Islam praying for grant of bail in connection with Bharalumukh P.S. Case No. 154/2025 (corresponding to Bharalumukh P.S. GDE No.34/2025) under Section 318(3)316(3)/336(3)/305(C)/3(5) of BNS, 2023. The petitioners were arrested on 26.10.2025. 3. The case arose out of an FIR dated 26.10.2025 with the allegation that on 18th and 19th October, the truck hired was loaded with iron and steel and some khusura mal and was supposed to go to Pasighat; that, on 20th of October, the driver had reached Tezpur and was in communication; that, from the next day, his phone was found to be switched off. Later, the truck was found to be used with a forged number plate and the contact numbers given led to contact with one Abdul Malik, who was the owner of a different vehicle. 4. The investigation has prima facie revealed that the present petitioners were part of the conspiracy and abetted and assisted the commission of the alleged crime by providing SIM cards. The police is investigating into the matter. 5. The learned counsel for the petitioner submits that the petitioners have Page No.# 3/3 rendered their cooperation after arrest and help the police in recovering the materials. It is submitted by prosecution that apart from active investigation being still in progress, all the stolen materials have not yet been recovered. 6. At this stage, I find force in the contention of the prosecution; accordingly, the bail petition stands rejected at this stage. 7. This bail application stands disposed of. 8. Send back the case diary. JUDGE Comparing Assistant