Abeda Ahmed and Anr v. The State of Assam

ORDER Date : 28.02.2024

Heard Mr. B.U. Laskar, learned counsel for the applicants and Ms. A. Begum, learned Additional Public Prosecutor for the State respondent.

¶2This application, under Section 438 Cr.P.C. is preferred by the applicants, namely, Abeda Ahmed and Nazia Ahmed, who have been apprehending arrest in connection with Dispur P.S. Case no. 10/2024, under Section 498(A) IPC, for grant of pre-arrest bail.

¶3It is to be noted that the above noted case has been registered on the basis of an FIR lodged by one Mehdiya Sirin Ali on 3.1.2024. The essence of allegation made in the FIR dated 3.1.2024 is that she got married to one Musshtaq Ahmed on 4.12.2023, and thereafter, lived with him as husband and wife in the matrimonial home and after the marriage she was subjected to harassment both physically and mentally and also demanded dowry by her husband and in-laws, namely, Musshtaq Ahmed, Abeda Ahmed and Nazia Ahmed.

¶4Mr. Laskar, learned counsel for the applicants submits that the applicants had been granted the privilege of interim pre-arrest bail, vide order dated

05.02.2024, and pursuant to the said order, the I.O. has visited their house for investigation and told the applicants that they are not required to appear before him, and that the applicants are innocent and ready to cooperate with the investigating agency, and therefore, a contention is being made that the interim order dated 05.02.2024, may be made absolute in the same terms and conditions. Page No.# 3/3

¶5On the other hand, Ms. Begum, the learned Addl. Public Prosecutor has produced the case diary before this Court and submits that there is no indication in the case diary regarding appearance of the applicants before the I.O. However, Ms. Begum submits that the application may be disposed of.

¶6Having heard the submission of learned Advocates of both sides, I have gone through the application and the documents placed on record and also perused the case diary with the assistance of Ms. Begum, learned Addl. Public Prosecutor.

¶7In view of the materials collected so far in the case diary and also in view of the cooperation being extended by the applicants with the investigating agency, custodial interrogation of the applicants seems not to be warranted here in this case, and therefore, Court is inclined to make the interim order dated

05.02.2024, absolute in the same terms and conditions.

¶8In terms of above, this application stands disposed of.

¶9Case diary be returned.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010018632024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/239/2024o ABEDAoAHMEDoANDoANRo WIFEoOFoFAIZUDDINoAHMED,oRESIDENToOFoHOUSEoNO.2,oBIRINAoPATH,o JANAKPUR,oKAHILIPARA,oDISTRICT-oKAMRUPo(M),oASSAM 2:oNAZIAoAHMED oWIFEoOFoMUTTAQUEEoIBNUL oDAUGHTERoOFoFAIZUDDINoAHMED oRESIDENToOFo21/1 oB.NO.5THoSTREETo3RDoFLOOR oOLDoMADRASoROADoHALASURU oBANGALORE-o560008 oKARNATAKA oINDIo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoP.P.,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oBoUoLASKARo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN