Mustak Ahmed Laskar and 4 Ors v. The State of Assam

ORDER

12.03.2024

Heard Mr. M.H. Saikia, learned counsel for the petitioners. Also heard Ms. A. Begum, learned Addl. P.P, Assam. This is an application under Section 438 of Cr.PC, 1973 for granting of pre-arrest bail to the petitioners, namely Mustak Ahmed Laskar, Shahin Ahmed Laskar, Khayrul Islam Tapadar, Faridul Islam Tapadar and Machum Ahmed Barbhuiya, who are apprehending arrest in connection with Katlicherra P.S Case No. 183/2023 registered under Sections 294/506/436/34 of IPC. The case of the prosecution is that on 13.10.2023, the FIR named accused persons had threatened the informant while he was coming to his shop and Page No.# 3/4 threatened him that they will burn down the whole market. It is further alleged that on 15.10.2023 at about 1:30 AM, the informant was informed that his shop was set on fire. Accordingly, an FIR was registered. Mr. M.H. Saikia, learned counsel for the petitioners submits that the petitioners are not named in the FIR and the petitioners were not present on the date of the incident. He submits that the Police authorities are dragging the name of the petitioners in the present FIR, as the petitioners had filed 2 Public Interest Litigation before the Gauhati High Court. Ms. A. Begum, learned Addl. P.P on the other hand strongly opposes the prayer for bail. She submits that there are materials available on record indicating that during investigation, the name of the petitioners have come into light. She further submits that it appears that the petitioners after burning the shop of the informant have been absconding and because of which, the investigation has not been able to take into its logical conclusion. I have heard the submissions made at the bar and have perused the materials available on record. It appears from the materials available on record that there are sufficient materials implicating the accused petitioners in the offence alleged. However, since they have been absconded, the investigation has not been able to proceed further. As such, the application for anticipatory bail at this stage cannot be granted. Accordingly, the anticipatory bail application stands rejected. Page No.# 4/4 With the above observation and direction, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010036962024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/451/2024o MUSTAKoAHMEDoLASKARoANDo4oORS.o S/OoHABIBURoRAHMANoLASKARo R/OoVILL-oALAICHERRA,P.S.oKATLICHERRAo DIST.oHAILAKANDI,oASSAMo PIN-788161 2:oSHAHINoAHMEDoLASKAR oS/OoHABIBURoRAHMANoLASKARo R/OoVILL-oALAICHERRAo P.S.oKATLICHERRA o DIST.oHAILAKNADI oASSAM PIN-788161 3:oKHAYRULoISLAMoTAPADAR oS/OoMOINoUDDINoTAPADARo R/OoVILL-oALAICHERRA oP.S.oKATLICHERRA o DIST.oHAILAKANDI oASSAMo PIN-788161 4:oFARIDULoISLAMoTAPADAR oS/OoFAKIRoUDDINoTAPADARo R/OoVILLoRAMAPUR P.S.oKATLICHERRAo DIST.oHAILAKANDI oASSAMo PIN-788161 5:oMACHUMoAHMEDoBARBHUIYA oS/OoACHABoUDDINoBARBHUIYAo Page No.# 2/4 R/O VILL- ALAICHERRA PART-4 P.S. KATLICHERRA DIST. HAILAKANDI ASSAM PIN-78816 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N H MAZARBHUIYAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI