Shajahan Ali Vs the State of Assam

This application has been preferred by the petitioner namely, Shajahan Ali under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail, apprehending arrest in connection with Dispur P.S. Case No. 975/2025 under Section 305(e) of BNS, 2023.

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The allegation made against the petitioner is that on 11.12.2025, the complainant Bhaskar Mishra Bhagawati, son of late Sushil Kumar Mishra Bhagawati, Executive Engineer, PWD, New Guwahati Territorial Road Division, Bhamunimaidam, Chandmari, P.S.- Chandmari, District- Kamrup (Metro), Assam, M. No. 9435516380 lodged an FIR at Dispur P.S. stating that the iron cattle traps at VIP Road, near Pratishka Hospital were recently replaced with concrete slabs and the removed cattle trap were kept on road side for further disposal as per official procedure. On 10.12.2025 during strict vigilance on this matter, one of the Section Assistant namely Sri Mrinal Paul Das, Mobile No. 8011330709 while inspecting the site in the morning found one JCB bearing Reg. No. ASO1LC6477 and one dumper truck. bearing Reg. No. AS02CC 9763, loading the cattle traps into the truck. Upon confronting them, the Section Assistant was overpowered and the individuals managed to flee from the spot. However, he was able to capture photographs of the JCB and the dumper truck. Hence, this case.

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Subsequently, in course of investigation, the driver of the truck Joinal Abedin has been arrested and it appears that the said co-accused has implicated the present petitioner. Other than the statement of the co-accused, no other material is available against the petitioner, who claims to be the owner of the hardware store dealing in scrap material.

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The Apex Court as held in the case of P. Krishna Mohan Reddy, Vs. the State of Andra Pradesh: 2025 Livelaw (SC) 598 that the statement of the co-accused cannot be taken into consideration for denying the bail to the accused person.

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Since there are no other materials, except the statement of the coaccused, the prayer for bail of the petitioner is allowed in view of the decision of

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the Apex Court as stated above (Supra).

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Having regard to the above, this court is of the view that in the event of arrest of the petitioner, he shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand only) with two sureties each of like amount to the satisfaction of the arresting authority in connection with the aforementioned case.

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It is provided that the petitioner shall appear before the I.O. within a period of 7 (Seven) days from today and cooperate with the investigation.

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It is further provided that the petitioner shall not hamper the investigation or temper with the evidence of the case and he shall not intimidate with any witnesses/ persons acquainted with the facts of the case.

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The bail application stands disposed of.

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Send back the case diary.

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JUDGE

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Comparing Assistant

Shajahan Ali v. the State of Assam

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Shajahan Ali v. the State of Assam

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