Anowar Ali Vs the State of Assam

filed by the petitioner, namely, 1. Anowar Ali , who is apprehending his arrest in connection with Basistha P.S Case No. 920/2024 under Sections 61/303(2)/317(2)/111(2)(b) of BNS, 2023, R/W Section 7 of Essential Commodities Act,1955.

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3. The gist of the accusation in this case is that on 23.12.2024, one SI(P) Chinmoy Baruah of Jorabat Outpost, had lodged an FIR before the Officer-in-Charge of Basistha P.S, inter alia, alleging that on receipt of the secret information through the reliable sources regarding carrying of illegal fertilizer, a special Naka Checking was arranged at Jorabat and during the Naka Checking, one vehicle bearing registration no.AS-01-EC-7487 was intercepted and during search, from the seized vehicle 500 bags of urea fertilizer was recovered. After interrogation with the driver and handyman, it was revealed that the seized urea fertilizer smuggled from Nagaon of Barpeta District without having supportive documents. Therefore, it is suspected to be stolen articles.

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4. The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR and is connected in no way with the offence alleged in the FIR. He also submits that the owner of the seized vehicle is one Arfan Ali, who has already been granted anticipatory bail by the Court of learned Additional Sessions Judge, FTC No.3, Kamrup(M), Guwahati in AB Case No.1/2025 on 19.03.2025.

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5. The learned counsel for the petitioner has further

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submitted that one another co-accused Ruhul Amin has already been granted anticipatory bail by this Court on 06.05.2025 in AB Case No.1026/2025.

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6. The learned counsel for the petitioner has further submitted that the petitioner is ready to co-operate in the investigation and therefore, he prays that he may be allowed to go on anticipatory bail.

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7. On the other hand, the learned Additional Public Prosecutor has prayed for calling of the case diary and has opposed the grant of bail to the petitioner at this stage.

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8. I have considered the submissions made by the learned counsel for both sides and have perused the materials available on record.

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9. On perusal of the order dated 19.03.2025 passed in A.B. No.1/2025 by the learned Additional Sessions Judge, FTC No.3, Kamrup(M), Guwahati, it reveals that there is an observation made in the said order that after perusal of the case diary, it appeared that the petitioner therein, namely Arfan Ali is the license holder of storing and carrying of urea fertilizer. Therefore, it appeared that the seized articles may not be stolen articles. However, there is nothing on record which indicates that the present petitioner is involved in this case.

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10. In view of above, this Court is of the considered opinion that if the petitioner co-operate in the investigation, his custodial

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interrogation may not be necessary for fair completion of Basistha P.S Case No. 920/2024.

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11. In view of above discussion, this anticipatory bail application is disposed of with a direction to the above named petitioner to appear before the I.O of Basistha P.S Case No. 920/2024 within a period of 7 days from the date of this order and co-operate in the investigation. If, he does so within the stipulated period, in the event of his arrest in connection with the aforesaid case, he shall be allowed to go on interim bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:

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(i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer;

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(ii) That the petitioner shall co-operate in the investigation;

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12. With the above observations, this anticipatory bail application is disposed of.

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JUDGE

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Anowar Ali v. the State of Assam

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Anowar Ali v. the State of Assam

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