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2026 DAILYLAW 14918 (GAU)

JULHAS DEWAN v. THE STATE OF ASSAM

Bail Appln./2868/2026 · 2026-09-21

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010206892026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2868/2026 JULHAS DEWAN SON OF NASIR DEWAN, RESIDENT OF KHUPONIKUCHI, POLICE STATION HAJO, DISTRICT KAMRUP (R) ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA,MR. A.H. MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 22.09.2026 Heard Mr. A. Paramanik, learned Counsel for the petitioner and Mr. RJ Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Hajo PS Case No. 446/2026 registered under Sections 61(2)/317(2)/317(5)/3(5) of BNS, 2023. The FIR in connection with which the petitioner was arrested was Page No.# 2/3 lodged by the police personnel of Hajo Police Station stating inter alia that on an information that stolen fertilizers were transported to Hajo, the said truck was intercepted and 100 bags of urea fertilizers were recovered. It was further stated that police personnel on apprehension of the driver asked him about the documents but he could not produce any documents and the said articles were seized and the driver was also arrested. 3. The learned Counsel for the petitioner submits that the petitioner is the owner of the go down from where the articles were loaded in the truck and the owner was shown by the driver of the truck, who was arrested on the day when the FIR was lodged. He submits that the petitioner had rented out his go down to one Ahmed Hussain, who was also arrested in connection with the said offence. He has placed reliance upon the rent agreement between the owner and Sri Ahmed Hussain. 4. Mr. R.J. Baruah, learned Additional Public Prosecutor for the State, on the other hand submits that the Case Diary would make the story clear and would also show the complicity of the petitioner. He also submits that the authenticity of the rent agreement may also be seen from the Case Diary and he submits that a short date may be fixed for production of the same. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the petitioner was the owner of the go down as has been stated in the forwarding report and also that the petitioner had rented out the premises to Ahmed Hussain, who was also arrested, this Court deems it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of JMFC, Hajo, Kamrup, under the following conditions: Page No.# 3/3 i) the petitioner will appear before the Investigating Officer as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant