Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010152492026
2026:GAU-AS:10378
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1699/2026 NITU AHMED S/O HANIF ALI, R/O BARGAON, DISTRICT KAMRUP, ASSAM, PIN-781381. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. A E HUSSAIN,MR. S HAQUE Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN 28.07.2026 Heard Mr S M Abdullah P, learned counsel for the petitioner. Also heard Mr Bankim Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Azara PS Case No. 93/2026, under Sections 305(b)/305(c)/318(4)/316(2)/3(5) of the BNS, 2023. 3. The FIR, on the basis of which, the petitioner is apprehending arrest was lodged by
Page No.# 2/3 one Bubul Barman, an employee of an Energy Station, on 12.07.2026, stating inter alia, that the vehicle loaded with oil and other lubricants, was going from Azara to Dimapur and that the vehicle did not reach the destination. He further alleged that the vehicle was equipped with GPS Tracking System and the said vehicle was found stalled at various places like Sipajhar and Kharupetia. It is also stated that the contents in the said vehicle, i.e., oil and other lubricants were suspected to be stolen by unknown persons and in the said FIR, the allegations were also levelled against the driver of the said vehicle. The Police, upon receiving the said FIR, registered the case and during investigation, they arrested 4 (four) numbers of accused persons. The Police, however, has alleged that there are more number of culprits in the said offence. 4. The learned counsel for the petitioner submits that the oil and other lubricants were recovered, whatever was there in the truck and that the accused persons were also arrested. He, however, submits that the Police is making a search for the petitioner, although he is no way involved in the said case. 5. On the other hand, Mr B Sarma, the learned Additional Public Prosecutor for the State submits that in the forwarding report, it is stated that there are other persons involved in the said offence and the Police is trying to nab all of them. 6.
Upon consideration of the submissions made by the learned counsel appearing for the parties and on careful appreciation of the case at hand and also due to the fact that the name of the petitioner had never figured before the Police authorities, this Court deems it fit that the petitioners be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/-, with one local surety to the satisfaction of the arresting authority, under the following conditions:- i) the petitioner shall appear before the Investigating Officer within 10 (ten) days from the date of the order; and ii) the petitioner shall not hamper and tamper with the evidence of the case,
Page No.# 3/3 and/or influence the witnesses. 7. Bail Application stands disposed of. JUDGE Comparing Assistant