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2025 DAILYLAW 5490 (GAU)

ANOWAR HUSSAIN v. THE STATE OF ASSAM

AB/74/2025 · 2025-03-02

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010016452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/179/2025 SAHAR ALI S/O SUMAN ALI R/O VILL-CHAUTAKI PT.I, P.S. AND DIST.KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M M ZAMAN, Advocate for the Respondent : PP, ASSAM, Linked Case : AB/74/2025 ANOWAR HUSSAIN S/O SATTAR ALI R/O CHAUTAKI PT.II P.S. SALAKATI DIST. KOKRAJHAR BTAD ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Page No.# 2/3 ------------ Advocate for : MR P K DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.03.2025 These anticipatory bail applications are taken up together for disposal by this common order as both the anticipatory bail applications have arisen out of the same FIR. 2. Heard Mr.M.M. Zaman as well as Mr. P.K. Das, the learned counsel appearing for the petitioners as well as Mr. RR Kaushik, the learned Additional Public Prosecutor for the State of Assam. 3. Both these anticipatory bail applications are filed under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of Kokrajhar PS Case No. 275/2024. 4. The Senior Manager of National Thermal Power Corporation lodged an FIR before police alleging that whenever trucks carrying goods enters into their premises, some people stops their trucks and used to demand money from the drivers. 5. Mr. Zaman submits that the FIR does not show that there was any transaction of money. Therefore, the story projected in the FIR amounts to a bailable offence. 6. Mr. Kaushik submits that the people belonging to different organisations used to demand money from the truck drivers carrying goods not only demanded money from the National Thermal Power Corporation by entering their premises but also from other vehicles carrying goods. 7. I have considered the submissions made by the learned counsel of both sides. 8. This Court is of the opinion that the beneficial provisions of law as laid down under Section 482 of the BNSS, 2023 are not meant to protect people like the petitioners. There should be a thorough investigation by police in such type of cases. Therefore, allowing the Page No.# 3/3 petitioner to go on bail may hamper the investigation. 9. Hence, both the anticipatory bail applications are found to be devoid of merit and as such, the Anticipatory Bail Applications filed by the petitioners Sahar Ali & Anowar Hussain are dismissed and disposed of. The CD shall be returned. JUDGE Comparing Assistant