Yar Alam v. The State of Assam

ORDER

30.09.2024

¶1Heard Ms. B. Gogoi, learned counsel for the petitioner Yar Alam, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in Page No.# 2/3 connection with Umrangso Police Station Case No. 10/2024 registered under Sections 406/420/468/471 of the Indian Penal Code, 1860.

¶2Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The FIR unfolds that a person namely Abul Awal whose GST Number has been cancelled was generating the E-Way bills in the name of the informant Biren Singh Enghi.

¶4It is submitted on behalf of the petitioner that police has been visiting him and the petitioner was not aware of any such scam of procuring E-Way bills in the name of the other person. It is also submitted that during his brick business, he procured two numbers of challans from Fojal Haque but he did not know whether the said challans were genuine or not.

¶5I have considered the submissions at the bar with circumspection. I have considered the submissions that the petitioner is the sole bread winner of the family and his family would suffer immensely if he is forwarded to custody. The petitioner is willing to cooperate with the remaining part of the investigation. The petitioner is a local resident and he is not a flight risk.

¶6Considering the foregoing discussions, it appears that the petitioner has sufficient ground to be granted pre-arrest bail. It is also noticed that the petitioner's name is not mentioned in the FIR and the allegation is specifically Page No.# 3/3 against Abul Awal.

¶7I have considered the submissions at the Bar and I have scrutinized the Case Diary. The petitioner has appeared before the Investigating Officer and his statements have been recorded. The petitioner has not violated any bail conditions.

¶8I have considered the submissions at the Bar that Fojal Haque is the prime accused who was involved in generating E-Way bills. Considering all aspects, interim order dated 01.08.2024, is hereby made absolute. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010151262024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1971/2024 YAR ALAM SON OF- LATE ASUR UDDIN, KHAN, RESIDENT OF VILLAGE- CHATPARA, P.O. JOGIGHUPA, IN THE DISTRICT OF BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM, Advocate for the Petitioner : MS M BORAH, MRS. B GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND