Abdul Ali and Anr v. The State of Assam

ORDER

20.11.2024 Heard learned counsel, Mr H Ali for the petitioners, 1) Abdul Ali and 2) Md Jeherul Page No.# 2/3 Islam, who have filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Teok PS Case No. 79/2024, under Section 316(5) of the BNS, 2023.

¶2Heard Mr K Baishya, learned Additional Public Prosecutor, Assam for the respondent State, who has raised serious objection stating that there is a huge racket and the stolen scrap batteries were tracked down from Teok up to Nalbari. The petitioners deal with scrap batteries and they have a shop as partners in Nalbari, selling such materials.

¶3The learned Additional Public Prosecutor has further submitted that investigation may be adversely affected if the petitioners are admitted to bail.

¶4I have also scrutinized the Case Diary.

¶5There are indeed incriminating materials against the petitioners in the Case Diary and the petitioners may have been complicit.

¶6I have considered the progress of investigation which has progressed substantially.

¶7It appears that anticipatory bail may be granted to the petitioners.

¶9Considering all aspects, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) each, with a suitable surety of like amount to the satisfaction of the arresting authority, under the conditions that: Page No.# 3/3

i) the petitioners shall appear before the IO within one week and cooperate with the investigation,

ii) the petitioners shall refrain from such activities with which they are alleged,

iii) the petitioners shall appear before the IO on every fortnight, till completion of investigation,

iv) the petitioners shall not exercise threats to the witnesses or tamper with the evidence,

v) the petitioners shall not leave the jurisdiction of the Court, without prior permission.

9.1. On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶10Anticipatory Bail Application stands disposed of.

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010224782024 2024:GAU-AS:11382 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2848/2024 ABDUL ALI AND ANR S/O ABUL ALI, R/O VILL- MADHAPUR, MOROWA, P.S.-MUKALMUA, DIST- NALBARI, ASSAM 2: MD JEHERUL ISLAM S/O NURUL HAQUE R/O VILL- MADHAPUR MOROWA P.S.-MUKALMUA DIST- NALBARI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND