Jiarul Islam And 3 Ors. vs. The State Of Assam

AB/2594/2025HC GauhatiGSTCNR GAHC01024231202513 November 2025Bench: HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA3 pages

AI SummaryDismissed

Held

The Court rejected the prayer for pre-arrest bail. The reasoning was based on the State's submission, supported by the case diary, that the investigation had identified the petitioners as the main perpetrators of the crime. The Court did not find merit in the petitioners' claims of having spent significant time in custody or that stolen items had been recovered as sufficient grounds to grant pre-arrest bail, especially when the investigation pointed to their primary involvement. Consequently, the petition was dismissed. The Court directed the case diary to be sent back.

Facts

The petitioners, Jiarul Islam and three others, sought pre-arrest bail in connection with Bongaigaon P.S. Case No. 252/2025. The FIR was lodged by Bhaskar Jyoti Singha, alleging that unknown miscreants broke into his shop, M/s M.S. Infotech, on September 28, 2025, and stole mobile phones, televisions, laptops, accessories, and cash. The total approximate value of the stolen goods was Rs. 5,18,713.64, including GST. The petitioners claimed to have spent 38 days in custody and that items had been recovered, asserting they were not the main accused and were cooperating with the investigation. The State, however, argued that the investigation revealed the petitioners to be the main perpetrators.

Key Issues

1. Whether the petitioners are entitled to pre-arrest bail under Section 482 of BNSS, 2023, considering their apprehension of arrest in Bongaigaon P.S. Case No. 252/2025, registered under Sections 331(4)/305(a)/112(2) of BNS, 2023. Petitioner's Arguments: The petitioners contended that they had already spent 38 days in custody, that stolen items had been recovered, and that they were not the principal accused in the case. They further submitted their readiness to cooperate with the ongoing investigation. Revenue/State's Arguments: The learned Additional Public Prosecutor, after reviewing the case diary, argued that the investigation had revealed the present petitioners to be the main perpetrators of the crime, along with other co-accused individuals.

Sections Cited

Section 482

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

Page No.# 1/3 GAHC010242312025 2025:GAU-AS:15436 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2594/2025 JIARUL ISLAM AND 3 ORS. S/O- SHOMESH ALI, VILL.-RAKHASINI PAHAR P.O.- RAKHYASINI, P.S.- MORNOI, DIST.- GOALPARA, ASSAM 2: IBRAHIM ALI ALIAS IBRAHIM S/O- HUSSAIN ALI VILL.-DHARMAPUR P.O.- DHARMAPUR P.S.- ALUPOTI DIST.- GOALPARA ASSAM. 3: ESOP ALI ALIAS EASHAB ALI S/O- SOBAHAN ALI VILL.-RAKHASINI PAHAR P.O.- RAKHYASINI P.S.- MORNOI DIST.- GOALPARA ASSAM. 4: NASIR HUSSAIN S/O- NOUSHAD ALI VILL.-RAKHASINI PAHAR P.O.AND P.S. AND DIST.- GOALPARA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. M I HUSSAIN, MR. S M RAHMAN,R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

Date : 14.11.2025

Heard Mr. N.I. Khan, learned for the petitioners and also heard Mr. R. J. Baruah, learned Addl. P.P for the State.

This application under S

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