Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 11 November, 2025
Page No.# 1/4
GAHC010235872025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3475/2025
GULZAR HUSSAIN AND 2 ORS.
S/O LATE SURHAB ALI
2: ALLAL UDDIN
S/O LATE SURHAB ALI
3: ROSHIDUL ISLAM
S/O ALLAL UDDIN
ALL ARE THE RESIDENT OF- VILL. URALKATA
WARD NO. 10 P.S. MOIRABARI DIST. MOIRABARI
ASSAM PIN- 78212
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE LEARNED PP, GOVT. OF ASSAM
Advocate for the Petitioner : DARAK ULLAH, S BEGUM,MS A HUSSAIN,SABRISH AHMED
Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
Date : 11.11.2025
1. Heard Mr. Sabrish Ahmed, learned counsel for the petitioners.
Also heard Mr. R.J Baruah, learned Additional Public Prosecutor for the
State of Assam.
2. This is an application filed under Section 483 of the BNSS, 2023
praying for grant of bail for the petitioners namely, (1) Gulzar
Hussain, (2) Allal Uddin and (3) Roshidul Islam in connection
with Moirabari P.S Case No. 156/2025 U/S 61(2)/303(2)/318(4) of
BNS, 2023.
3. The allegations against the petitioners is that on 04/10/2025, at
around 12:00 a.m., the vehicle bearing registration number AS-01-KC-
5387 (ECOMET 1214E4, six-wheeler truck), driven by the said accused
person, was carrying various commercial goods of several companies
from Nalapara, Guwahati to Nagaon. The goods included items such as
sugar, incense sticks, edible paint, dye, medicines, disposable glasses,
and Patanjali products, valued approximately at 10 to 12 lakh rupees.
However, when the vehicle did not reach its destination at the
expected time the complainant called the accused person on his
mobile number 9678921145, but the number was found switched off.
This made the complainant suspicious. Later, the complainant came to
know that the said vehicle was found abandoned near the roadside of
Sagunbahi village under the jurisdiction of Moirabari Police Station,
Page No.# 3/4
Morigaon District. On 05/10/2025, at around 10:00 p.m., when they
went near the vehicle, they found it in an empty condition. Upon
inquiry, it was learned that the accused person, with the help of some
others, had stolen all the goods from the vehicle. The said accused has
thereby cheated and deceived them. Hence the case.
4. Mr. R.J Baruah, learned Additional Public Prosecutor for the State
of Assam, upon perusal of the Case Diary, submits that the present
petitioners purchased the stolen goods from the main accused persons
who are the driver and handyman of the vehicle, who are said to be
absconding. In the meantime, the petitioners have spent 31 days in
custody. It also appears that notice U/S 35(3) of the BNSS, 2023 was
not issued to the petitioners before their arrest which is in violation of
the judgment of the Hon'ble Supreme Court in Arnesh Kumar V.
State of Bihar reported in AIR 2014 SCC 2756. Learned Additional
Public Prosecutor submitted that some of the stolen articles were
recovered from the houses of the petitioners but fairly admitted that
no copy of notice U/S 35(3) of the BNSS, 2023 is available in the Case
Diary.
5. Having regard to the period of detention as well as the apparent
violation of the provision of Section 35(3) of the BNSS, 2023, the
directions of the Hon'ble Supreme Court in the aforesaid case, the
prayer for bail is allowed.
6. The petitioners namely, (1) Gulzar Hussain, (2) Allal Uddin
and (3) Roshidul Islam are allowed to go on bail on furnishing a
bail bond of Rs. 50,000/- with 1(one) surety each of the like amount to
Page No.# 4/4
the satisfaction of the Ld. Trial Court provided that the petitioners shall
cooperate with the investigation and shall not try to influence or
intimidate the witnesses in any manner, either directly or indirectly, by
themselves or through any other person.
7. Petition stands allowed and disposed of.
JUDGE
Comparing Assistant
