IKRAMUL ISLAM AND AND 2 ORS. v. THE STATE OF ASSAM
AB/2558/2025 · 2025-11-10
Sanjeev Kumar Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26478 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26478 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010235852025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2558/2025 IKRAMUL ISLAM AND AND 2 ORS. S/O ALLAL UDDIN 2: ROFIQUL ISLAM S/O ALLAL UDDIN 3: KHADIMUL ISLAM ALL THE PETITIONERS ARE- S/O ALLAL UDDIN R/O VILL. URALKATA WARD NO. 10 P.S. LAHORIGHAT P.O. SAHANIAGAON DIST. MOIRABARI ASSAM PIN- 78212 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED P P, GOVT. OF ASSAM Advocate for the Petitioner : DARAK ULLAH, S BEGUM,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 11.11.2025
1. Heard Mr. Sabrish Ahmed, learned counsel for the petitioner. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail for the petitioners namely, (1) Ikamul Hussain, (2) Rofiqul Islam and (3) Khadimul Islam in connection with Moirabari P.S Case No. 156/2025 U/S 61(2)/303(2)/318(4) of BNS, 2023. 3. As per the FIR, on 04/10/2025, at around 12:00 a.m., the vehicle bearing registration number AS-01-KC-5387 (ECOMET 1214E4, six- wheeler truck), driven by the accused person named therein, was carrying various commercial goods of several companies from Nalapara, Guwahati to Nagaon. The goods included items such as sugar, incense sticks, edible paint, dye, medicines, disposable glasses, and Patanjali products, valued approximately at 10 to 12 lakh rupees. However, when the vehicle did not reach its destination at the expected time the complainant called the accused person on his mobile number 9678921145, but the number was found switched off. This made the complainant suspicious. Later, the complainant came to know that the said vehicle was found abandoned near the roadside of Sagunbahi village under the jurisdiction of Moirabari Police Station,
Page No.# 3/3 Morigaon District. On 05/10/2025, at around 10:00 p.m., when they went near the vehicle, they found it in an empty condition. Upon inquiry, it was learned that the accused person, with the help of some others, had stolen all the goods from the vehicle. The said accused has thereby cheated and deceived them. Hence the case. 4. Mr.
D.P Goswami, learned Additional Public Prosecutor submitted with reference to the Case Diary that the petitioners, who are the sons of the arrested accused person from whose possession the stolen goods were recovered, were in contact with the driver of the truck and therefore, their custodial interrogation is very much necessary, more so as the said driver and handyman are still absconding. 5. Having regard to the above and the nature of the allegations, the prayer for pre-arrest bail stands rejected. 6. Petition stands dismissed. JUDGE Comparing Assistant