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2026 DAILYLAW 15256 (GAU)

AHMED HUSSAIN v. THE STATE OF ASSAM

Bail Appln./3006/2026 · 2026-09-28

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010215262026 2026:GAU-AS:14483 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3006/2026 AHMED HUSSAIN SON OF JALALUDDIN, RESIDENT OF SARABORI, P S 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 29.09.2026 1. Heard Mr. A. Paramanik, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned APP appearing for the State of Assam. 2. By this application the petitioner has prayed for bail in connection with Hajo P.S. Case No. 446 of 2026 registered under Sections 61(2)/317(2)/317(5)/3(5) of the BNS, 2023. Page No.# 2/3 3. The FIR in connection with which the petitioner was arrested on 14.09.2026, was lodged by police personnel of Hajo Police Station stating inter alia that on receiving information that stolen fertilizers were being transported in a truck towards Hajo the police intercepted the said vehicle. Upon conducting a search, 100 bags of urea fertilizer and 100 bags of DAP fertilizer were recovered. It was further stated that the driver of the vehicle could not produce any valid document in support of the transportation of the said fertilizers. 4. The learned counsel appearing for the petitioner submits that the petitioner is the owner of the said fertilizers and that he was not named in the FIR but was subsequently arrested on the basis of the statement of the co-accused. 5. Mr. B. Sharma, learned APP submits that the forwarding report makes it clear that one of the accused persons, namely, Julhas Dewan disclosed the name of the petitioner as being involved in the offence. 6. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that there is no specific allegation against the petitioner regarding his involvement in stealing the fertilizers from the godown or transporting the same, this Court is inclined to enlarge the petitioner on bail upon furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) with one local surety of the like amount to the satisfaction of the learned JMFC, Hajo subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer as and when called for, (ii) The petitioner shall not hamper and tamper with the evidence Page No.# 3/3 of the case, and/or influence the witnesses; and (iii) The petitioner shall not leave his place of residence without the prior permission of the Investigating Officer. 7. Accordingly, this Bail Application stands disposed of. JUDGE Comparing Assistant