Hatem Ali and Seven 7 Ors v. The State of Assam

ORDER 18-11-2024 Heard Mr. M Ali, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. Page No.# 3/4

¶2By this application under Section 482 of the BNSS, 2023, apprehending their arrest, petitioners, namely, (i) Hatem Ali, son of Kubed Ali; (ii) Gahur Ali, son of Mohammad Ali; (iii) Ached Ali, son of Jahur Uddin; (iv) Josnara Begum, wife of Nekbar Ali; (v) Ambiya Khatun, wife of Hatem Ali; (vi) Abdul Kalam @ Abu Kalam, son of Intaz Ali; (vii) Mehatab Ali, son of Kubed Ali and (viii) Akbar Ali, son of Kubed Ali, all resident of village-Akabasti Bangali, P.S.- Chariduar, District-Sonitpur, are seeking pre-arrest bail in Chariduar Police Station Case No. 122/2024 registered under Sections 189(2)/329(3)/96/74/324(4)/303(2)/351(2) of the BNS, 2023 corresponding to G.R. No. 1002/2024.

¶3As per the FIR dated 27.07.2024 lodged by the informant before the Officer-in-Charge of Chariduar Police Station, the case is that the petitioner No. 1 on 25.07.2024 at about 10 PM entered into the courtyard of the informant, abused her with slang language and thereafter left the place threatening her. On 26.07.2024 at about 7:30/8:00 AM, the present petitioners along with one Nekbar Ali again entered into the courtyard of the informant and assaulted her father. When the informant and her mother came to his rescue, the petitioners abused them with slang language, assaulted them, snatched the mobile phone of the informant and destroyed it. During the assault, the informant lost her gold chain that she was wearing on her neck.

¶4Accordingly, Chariduar Police Station Case No. 122/2024 corresponding to G.R. No. 1002/2024 under Sections 189(2)/329(3)/96/74/324(4)/303(2)/ 351(2) of the BNS, 2023 was registered against the petitioners.

¶5The Court by order dated 05.08.2024 while granting interim pre-arrest bail to the petitioners, named above, in said Chariduar Police Station Case No. 122/2024 also called for the said case diary. Pursuant to which the petitioners appeared before the concerned Investigating Officer of the case on 21.08.2024 and their statements have been recorded by the concerned I.O. of the case.

¶6Perused the case diary placed before the Court today by Mr. K K Parashar, learned APP, Assam.

¶7Considering the materials in the case diary, the Court is of the view that custodial detention of the petitioners is not warranted for further investigation of said Chariduar Police Station Case No. 122/2024. Accordingly, this pre-arrest bail application of the petitioners is accepted. Page No.# 4/4

¶8Accordingly, the interim pre-arrest bail granted to the petitioners on 05.08.2024 in said Chariduar Police Station Case No. 122/2024 corresponding to G.R. No. 1002/2024 is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 05.08.2024 and on compliance of the conditions that the petitioners – (i) shall appear before the concerned Investigating Officer of said Chariduar P.S. Case No. 122/2024, as and when they are required for necessary investigation of the case and (ii) shall not indulge themselves in any criminal activities.

¶9Any violation of the aforesaid terms and conditions as well as the terms and conditions as specified in the order dated 05.08.2024, noted above, by the petitioners, the pre-arrest bail granted to them in said Chariduar P.S. Case No. 122/2024 shall stand automatically vacated.

¶10This pre-arrest bail application accordingly stands disposed of.

¶11Return the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010155222024 ooooooo 2024:GAU-AS:11224 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2025/2024o HATEMoALIoANDoSEVENo7oORSo S/O-oKUBEDoALI,oR/O-oVILL.-oAKABASTIoBANGALI,oP.O.oBALIPARA,oP.S.o CHARIDUAR,oDIST.oSONITPUR,oASSAM 2:oGAHURoALI oS/O-oMOHAMMADoALI oR/O-oVILL.-oAKABASTIoBANGALI oP.O.oBALIPARA oP.S.oCHARIDUAR oDIST.oSONITPUR oASSAM 3:oACHEDoALI oS/O-oJAHURoUDDIN oR/O-oVILL.-oAKABASTIoBANGALI oP.O.oBALIPARA oP.S.oCHARIDUAR oDIST.oSONITPUR oASSAM 4:oJOSNARAoBEGUM oW/O-oNEKBARoALI oR/O-oVILL.-oAKABASTIoBANGALI oP.O.oBALIPARA oP.S.oCHARIDUAR oDIST.oSONITPUR oASSAM 5:oAMBIYAoKHATUN oW/O-oHATEMoALI oR/O-oVILL.-oAKABASTIoBANGALI oP.O.oBALIPARA oP.S.oCHARIDUAR oDIST.oSONITPUR Page No.# 2/4 ASSAM 6: ABDUL KALAM @ ABU KALAM S/O- INTAZ ALI R/O- VILL.- AKABASTI BANGALI P.O. BALIPARA P.S. CHARIDUAR DIST. SONITPUR ASSAM 7: MEHATAB ALI S/O- KUBED ALI R/O- VILL.- AKABASTI BANGALI P.O. BALIPARA P.S. CHARIDUAR DIST. SONITPUR ASSAM 8: AKBAR ALI S/O- KUBED ALI R/O- VILL.- AKABASTI BANGALI P.O. BALIPARA P.S. CHARIDUAR DIST. SONITPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M ALI, MR J. E. SARKAR,MD. ANARUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK