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2025 DAILYLAW 27004 (GAU)

MESER UDDIN v. THE STATE OF ASSAM

AB/2426/2025 · 2025-10-26

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010225762025 2025:GAU-AS:14335 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2426/2025 MESER UDDIN S/O LATE ASUR UDDIN PERMANENT RESIDENT OF VILLAGE MORIAM NAGAR, PO BALADMARI, PS GOALPARA, DISTRICT GOALPARA, ASSAM, PIN 783121,PRESENTLY RESIDING AT KAPALKATA CHAMATA, SONAPUR, PO AND PS SONAPUR, DISTRICT KAMRUP (M), PIN 782402 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M H TALUKDAR, MD. S ALOM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.10.2025 Heard Mr. M. H. Talukdar, learned counsel for the accused applicant. Also heard Mr. R. Baruah, learned Addl. PP for the State of Assam. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the accused applicant, namely, Meser Uddin in connection with Basistha P.S. Case No. 255/2025 (G.R. No. 2370/2025) registered under Section 316 (3) of BNS. 3. The gist of the case is that the accused applicant is the owner of a Truck and his Truck was hired by the informant for transporting goods from Guwahati to Silchar, however, since the Truck did not reach Silchar in time, the informant being suspicious about misappropriation/ stealing of the goods in the Truck has filed the FIR alleging connivance of the accused applicant with the driver of the Truck. 4. The learned counsel for the accused applicant submits that during investigation based on confession of one Jiyarul Islam substantial portion of allegedly stolen and misappropriated goods have already been recovered from one Rakesh Kumar Mahato. He submits that the accused applicant is no way connected in the instant case as he is the owner of the Truck and he was not aware how the goods were misappropriated or stolen. 5. However, the learned Addl. PP on perusal of the CD submits that there is sufficient incriminating material against the petitioner/owner. Page No.# 3/3 6. On perusal of the CD, it is seen that investigation is on for the purpose of recovering the remaining stolen goods which are believed to be in the possession or under the control of the present petitioner. It is the stand of the I.O. that the custodial interrogation of the petitioner is absolutely necessary to affect recovery of the remaining articles and to unearth the complete chain of the events. 7. Having regard to the above, the prayer for pre-arrest bail is rejected. 8. The order of interim pre-arrest bail dated 09.10.2025 stands vacated and the bail petition stands dismissed. 9. Send back the CD. JUDGE Comparing Assistant