Page No.# 1/4 GAHC010001532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/30/2025 AFJAL HUSSAIN BEPARI S/O NAZAMUDDIN BEPARI VILL- BIDYARDABRI PT. IV, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM, PIN-783335 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A W AMAN, MD A RAHMAN,SAMIM RAHMAN,MS SURAYA RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.02.2025 1. Heard Mr. S. Nawaz, the learned counsel for the petitioner. Also heard Ms. S. H. Bora, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 2. This application under Section 482 of BNSS, 2023, has been filed by the petitioner, namely, Afjal Hussain Bepari, who is apprehending his arrest in connection with Serfanguri P.S. Case No. 03/2022, under Sections 120(B)/379/420/411/307/34, of the Indian Penal Code read with Section 7 of the Essential Commodities Act. 3. The gist of the accusation in this case is that on 12.01.2022, one Robin Basumatary, S.I. of Police had lodged an FIR before the Officer-In-Charge of Serfanguri Police Station, inter-alia, alleging that on that day at about 11.40 a.m., while the informant was conducting a naka checking duty near Patgaon Tollgate at National Highway No. 31, a 16 wheeler goods truck bearing Registration No. UP-26-T-7317, came at a very high speed from the direction of Srirampur Gate, and it did not stop in spite of police signaling it to stop. 4. It is also alleged that the truck tried to ran into on-duty police personnel, however, after a chase, the truck was managed to be stopped. The driver escaped therefrom, however, a handyman, namely Eunish Ali, was arrested. 5. The learned counsel for the petitioner has submitted that the petitioner is a resident of Dhubri, and the incident occurred about three years back on 12.01.2022, and for the last three years, no police went to search him. However, now, as police is searching for him, he is apprehending his arrest. 6. He has submitted that the allegation of trying to kill the on-duty police officials has been an exaggeration of what actually happened. He submits that the petitioner is ready to cooperate in the investigation as well as in trial, and hence, his custodial detention may not be necessary. 7. On the other hand, Ms. S. H. Bora, the learned Additional Public Prosecutor has produced the case diary of Serfanguri P.S. Case No. 03/2022 and Page No.# 3/4 has submitted that the investigation has been fairly progressed and it is almost completed. 8. Considering the submissions made by the learned counsel for the petitioner as well as after perusing the materials on record, this Court is of considered opinion that as the incident happened three years ago and the investigation is almost completed, the custodial detention of the present petitioner may not be necessary if he cooperates in the investigation/trial. 9. Hence, in view of the above, the petitioner, namely, Afjal Hussain Bepari is hereby directed to appear before the Investigating Officer of Serfanguri P.S. Case No. 03/2022 within a period of 10 days from the date of this order, and co-operate with the Investigating Officer in fair completion of investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with Serfanguri P.S. Case No. 03/2022, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty thousand only), with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 10. With the above observation, this anticipatory bail application is disposed of. Page No.# 4/4 11. Send back the case diary. JUDGE Comparing Assistant