Mosamaddin Ali @Md Musamuddin v. The State of Assam

ORDER

29.11.2024 Heard learned counsel, Mr S I Akand, for the petitioner, Md Mosamaddin Ali @ Md Musamuddin, who has filed this application under Section 482 (1) of the BNSS, 2023, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Sipajhar PS Case No. 64/2024, under Sections 302/34 of the Indian Penal Code, 1860 Page No.# 2/2

¶2Heard Mr B Sarma, learned Additional Public Prosecutor, Assam for the respondent State.

¶3Learned Additional Public Prosecutor has raised serious objection stating that this is a subsequent application. The earlier bail petition was rejected after perusal of the Case Diary, as there are incriminating materials in the Case Diary against the petitioner.

¶4I have also scrutinized the Case Diary.

¶5Indeed there are incriminating materials in the Case Diary against the petitioner.

¶6It appears that investigation may be adversely affected if the petitioner is admitted to bail.

¶7At this juncture, there appears to be no justified ground to extend the privilege of pre-arrest bail to the petitioner.

¶8Petition stands rejected at this stage.

¶9Anticipatory Bail Application stands disposed of.

¶10Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010189792024 2024:GAU-AS:11886 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2477/2024 MOSAMADDIN ALI @MD MUSAMUDDIN S/O OCHMAN ALI R/O VILL- KUARPARA, P.O. DEOMARNOI, P.S. SIPAJHAR, DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R Deka, S I AKAND Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND