Page No.# 1/4 GAHC010066442025 2025:GAU-AS:5000 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/732/2025 KOBIR ALI S/O ABDUL KHALEQUE VILL- CHATIPUR GAON P.S. DHALIGAON, DIST. CHIRANG, BTC, ASSAM, PIN-783385 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, B DAS,P. GHOSH,MR. A M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25.04.2025 1. Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A.M.Ahmed for the petitioner Kobir Ali, who has filed this application under 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Bongaigaon Police Station Case No. Page No.# 2/4 458/2023 under Section 379/381/406 of Indian Penal Code, 1860 added Section 413 of IPC, R/W Section 7 of Essential Commodities Act, 1955. 2. Learned Additional Public Prosecutor Mr. K.K.Das is present for the State respondent. 3. It is submitted that this is an old case. The FIR was lodged way back on 30.10.2023 and now, recently a notice has been issued against the petitioner. All the other accused have already been enlarged on bail by this Court vide order dated 23.11.2023. The petitioner has prayed for interim protection. Custodial interrogation is not required because investigation may have progressed substantially by now. 4. It is submitted that the petitioner is the owner of the tankers/trucks which are involved in this case bearing registration Nos. AS-06-AC-1888, AS-19-C9118, AS-19-C-4848. 5. The FIR unfolds that on 29.10.2023 as per certain information, IPF/NBQ along with SI/CIB/RNY and HC/Kalen Bayan, has detained one tanker bearing registered No.NL-01N-7273 carrying HSD oil from BRPL to Railway Consumer Depot(RC)/NBQ. The investigation team called for a joint verification from the officers of IOCL/Bongaigaon. During joint measurement/verification, it was found that as per invoice a total of 24 KLs of HSD oil was loaded from IOCL/BNGN on 27.10.2023 in the said tanker but on physical verification, it was found that 02 (two) chambers out of 05 (five) chambers of the vehicle was empty and an amount of 14132 liters of HSD oil was found in the remaining 03 (three) chambers which revealed that an amount of 9868 liters of HSD oil was missing. Accordingly, they apprehended the driver Sonaullah Sk., who was driving the tanker since March, 2023. The owner of the tanker was Mahender Page No.# 3/4 Singh. The petitioner has prayed for bail on the ground of parity as all the co- accused have been released on bail vide the order of this Court dated 23.11.2023 in connection with Criminal Bail Application No. 4077/2023, order of this Court dated 15.12.2023 in Criminal Bail Application No. 4500/2023 and order of this Court dated 12.12.2023 in connection with AB/3821/2023. 7. It appears that as this is an old case, investigation has progressed substantially. The petitioner is willing to co-operate with the investigation. 8. Learned Addl.Public Prosecutor has raised serious objection by stating that there are incriminating materials in the Case Diary against the petitioner. In this case as because notice has been issued after more than one year, the petitioner is not entitled to pre-arrest bail. 9. I have also scrutinized the Case Dairy. Indeed there are incriminating materials in the Case Diary against the petitioner. The petitioner has appeared before the I.O. and has co-operated with the investigation. His statement has been recorded. The petitioner has not violated any bail conditions. Investigation has also progressed substantially. 10. I have also considered the submission that petitioner is co-operating with the investigation. 11. Considering all aspects, the interim pre-arrest bail granted to the petitioner vide order dated 28.03.2025 is hereby made absolute. 12. Send back the Case Diary. 13. The anticipatory bail application stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant