Page No.# 1/3 GAHC010039532025 2025:GAU-AS:2170 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/490/2025 MOSTAFA ELIUS ALOM SARKAR ALIAS MUSTAFA ALI S/O INTAZ ALI, RESIDENT OF MOUKHOWA, PO BAHAPUR, PS CHAPAR, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY PP ASSAM Advocate for the Petitioner : MR R A AHMED, MR M AHMED,MR. N J DUTTA,MRS R BEGUM,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 03-03-2025 Heard Mr. R. A. Ahmed, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. 2. Apprehending his arrest, the petitioner, namely, Mostofa Elius Alom Sarkar @ Mustafa Ali, son of Intaz Ali Sarkar, resident of village-Moukhowa, P.O.- Bahalpur, Police Station-Chapar, District-Dhubri has filed this application under Section 482 BNSS, 2023 Page No.# 2/3 seeking pre-arrest bail in Kokrajhar P.S. Case No.299/2024 corresponding to G.R. No.586/2024 registered under Section 14 of the Assam Game and Betting Act, 1970. 3. According to the petitioner, he is no way connected with the case and the arrested accused persons of the case have been running their business at Silkatary in the Kokrajhar District, whereas, he is a resident of Moukhowa, Bahalpur under Chapar Police Station of District-Dhubri and no way connected with the case. The arrested accused persons have falsely implicated him in the case. 4. As police came to his house in search of him, on enquiry he came to know that he has been implicated in said Kokrajhar P.S. Case No.299/2024, and has filed this pre-arrest bail application. 5. Petitioner stated that he is a nurseryman having a plant nursery at Bahalpur and lives with his old mother and a daughter. 6. Petitioner is an FIR named accused. 7. From the case diary placed before the Court today by Mr. Goswami, learned Addl. PP it is seen that there was rampant sell of teer tickets in the district of Kokrajhar and its three adjoining districts of Bongaigaon, Dhubri and Chirang in violation of the provisions of the Assam Game and Betting Act, 1970. 8. Case diary reveals that one of the arrested accused persons, who used to sell teer tickets on behalf of the petitioner and all the transactions for purchase of such teer tickets were to be paid to the petitioner either in cash or through Gpay/Phone Pay and that through his G Pay whatever transactions take place are in the name of one Khadeja Biwi. 9. Case diary reveals that arrested accused persons of the case worked as agents of the present petitioner, who used to sell illegal teer tickets, that they used to purchase from the petitioner. 10. It is also seen from the case diary that though police from Kokrajhar Police Station asked him to appear before the concerned Investigating Officer of the case, but he did not appear and fled away from his residence. 11. The independent witnesses in their statements so far recorded by the concerned Page No.# 3/3 Investigating Officer of the case implicated the petitioner pertaining to illegal sell of teer tickets through his agents. 12. Considering such materials in the case diary and the involvement of the petitioner in the alleged crime, this Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner in said Kokrajhar P.S. Case No.299/2024. 13. Accordingly, this pre-arrest bail application of the petitioner, Mostofa Elius Alom Sarkar @ Mustafa Ali, son of Intaz Ali Sarkar, in said Kokrajhar P.S. Case No.299/2024 corresponding to G.R. No.586/2024 stands rejected. 14. Return the case diary. JUDGE Comparing Assistant