KAZIM UDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Mr. A.M. Ahmed, learned counsel for the petitioners and Mr. K. Konwar, learned Additional Public Prosecutor, Assam for the State.

(2.) The petitioners, namely, (1) Kazim Uddin Ahmed, (2) Hanif Uddin Ahmed, (3) Jaynal Abedin and (4) Nazrul Hoque, have filed this application under Section 438 Cr.P.C. seeking pre-arrest bail apprehending their arrest in Dhaligaon P.S. Case No. 117/2020 registered under Sections 143/325/326/379/354B/392 IPC.

(3.) As per the FIR of the case dated 19.05.2020 lodged by one Jafar Ali, it can be seen that oil loaded tankers and vehicles of IOCL, Bongaigaon Refinery are kept parked in the vacant Government land in front of the house of the informant. The accused persons, taking the advantage of darkness at night, engaged themselves in stealing oil from the parked oil tankers and vehicles. Adjacent to the said Government land, there is a pond that belongs to the family of the informant and because of such stealing of oil, it slips into their said pond.