Nur Hossain Sheikh and Noor Hassan Sheikh v. The State of Assam

ORDER

06.09.2024

¶1Heard learned counsel Mr. A. K. Ahmed for the petitioner Nur Hossain Sheikh @ Noor Hassan.

¶2The petitioner has filed this application under Section 482 of the BNSS, 2023 Page No.# 2/3 with prayer for pre-arrest bail as he is apprehending arrest in connection with Kakopathar Police Station Case No. 25/2024 corresponding to GR Case No. 429/2024 registered under Sections 379/420/406 of the IPC.

¶3Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner.

¶5The FIR unfolds that the informant booked a Road carriage via Siliguri Kolkata Roadlines, Tinsukia on 08.06.2024 and the Roadlines provided a Goods Carriage Truck bearing registration No. AS-18-AC-5548 of Ashok Leyland model registered in the petitioner's name. Accordingly, the truck was loaded at Diyun and brought to Tinsukia. The load was to be delivered to one, Jafar Ali at Goroimari, Kamrup, (R). The load was of 11.552 kg of green betel nut amounting to Rs. 5,08,288/-. The truck commenced its journey on 09.06.2024, at about 6-6:30 am from Tinsukia. After 11 am, the phone nos. of both the driver and handyman were found switched off, and the Truck was not traced out. On enquiry, the Truck was found at Sagalia, Dhubri without the load, and the owner of the Truck was trying to change the name plate and the colour, sticker, etc of the Truck.

¶6I have scrutinized the Case Diary. Indeed there are incriminating materials in Page No.# 3/3 the Case Diary against the petitioner. There are prima facie allegations against the petitioner in the FIR.

¶7At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner. Hence, petition is rejected at this stage.

¶8Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010157042024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2051/2024 NUR HOSSAIN SHEIKH AND NOOR HASSAN SHEIKH S/O JAYAN UDDIN SHEIKH R/O VILL AND P.O. BARUNDANGA P.S. TAMARHAT, DIST. DHUBRI, ASSAM, MOBILE NO. 7002778142 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTORS, ASSAM Advocate for the Petitioner : MR. A K AHMED, MD A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND