Ohed Ali @ Ahed Ali and 4 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010017542024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/80/2024o OHEDoALIo@oAHEDoALIoANDo4oORS.o S/O-oSHAIJUDDIN,oR/O-oVILL.-oSARUoARIKATI,oP.O.oMAHATOLIoBAZAR,oP.S.o BOKO,oDIST.oKAMRUP,oASSAM 2:oSAHEDoALIo@oSAHIDoALI oS/O-oSHAIJUDDIN oR/O-oVILL.-oSARUoARIKATI oP.O.oMAHATOLIoBAZAR oP.S.oBOKO oDIST.oKAMRUP oASSAM 3:oSAHABoALIo@oSAHAoALI oS/O-oSHAIJUDDIN oR/O-oVILL.-oSARUoARIKATI oP.O.oMAHATOLIoBAZAR oP.S.oBOKO oDIST.oKAMRUP oASSAM 4:oJIBONoALIo@oCHAHAJAHANoALI oS/O-oSANTESHoALIo@oHABEJoUDDIN oR/O-oVILL.-oSARUoARIKATI oP.O.oMAHATOLIoBAZAR oP.S.oBOKO oDIST.oKAMRUP oASSAM 5:oSHAIJUDDIN oS/O-oLATEoJALALoUDDIN oR/O-oVILL.-oSARUoARIKATI oP.O.oMAHATOLIoBAZAR oP.S.oBOKO oDIST.oKAMRUP Page No.# 2/3 ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. M I HUSSAIN Advocate for the Respondent : PP, ASSAM

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

02.02.2024

Heard the learned counsel Mr. M.I. Hussain appearing for the petitioners. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor, Assam. In A.B. No.4039/2023, this Court granted interim bail to the petitioners in respect of Boko P.S. Case No.522/2023. Thereafter, police filed the charge sheet against the petitioners under Sections 341/352/342/394 of the Indian Penal Code. Therefore, on 19.01.2024, this Court directed the petitioners to approach the trial court for seeking regular bail and the earlier interim bail order was vacated. Petitioners have stated that they are now ready to approach the learned trial court for seeking regular bail. But there is a possibility that before they could appear the learned trial court, they will be arrested by Page No.# 3/3 police. The petitioners, therefore, have prayed that their interim bail order, which was earlier vacated, should be restored till they could appear before the trial court. I have considered the submissions made by the learned counsels of both sides. The petitioners are directed to appear before the learned trial court within 15th February, 2024 for seeking regular bail. Till they appear before the trial court and file(s) bail application, if they are arrested by police, they shall be released on furnishing bail bond of ₹25,000/- each with sureties of like amount to the satisfaction of the arresting authority. It is also directed that the learned trial court shall consider their prayer for bail in accordance with law and shall not influence by the observations made in this order. With the aforesaid direction, the Interlocutory Application (Crl.) is disposed of.

JUDGE Comparing Assistant