Abdur Rejjak @ Rejjak Ali and 7 Ors v. The State of Assam

ORDER

05.04.2024

Heard Mr. S. Nawaz, learned counsel for the petitioners. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioners in connection with South Salmara P.S. Case No.36/2024 registered under Sections 147/ 148/ 149/ 379/ 325/326/307 of the Indian Penal Code. The Case Diary has been received and I have perused the same. It is submitted by the learned counsel for the petitioners, Mr. Nawaz that it was basically a fight between two groups regarding the land dispute which is adjacent to the house of the petitioners. However, after obtaining the order of interim pre-arrest bail, all the accused/petitioners appeared before the IO and their statement under Section 161 of Cr. P.C. are also recorded. He further submits that the accused/petitioners are ready and willing to co-operate the Page No.# 4/4 investigation of the case and accordingly, it is prayed to make the interim pre-arrest bail order as absolute. In this context, Mr. Kaushik, learned Additional Public Prosecutor, has submitted that the accused/petitioners are co-operating the IO and their statements have been recorded under Sections 161 of Cr. P. C. More so, from injury report of the victim, it is seen that 2 (two) victims sustained minor injury and 1 (one) victim had sustained grievous injury. Thus, he raised no objection on the prayer made by the learned counsel for the petitioners. After hearing the submissions of learned counsels for both sides and also considering the materials available in the Case Diary, as well as considering the fact that the accused/petitioners has appeared before the IO and co-operated with the investigation of this case, I find it appropriate to extend the privilege of pre-arrest bail to the petitioners, namely 1. Abdur Rejjak, 2. Ashraful Islam,

¶3Nur Alam, 4. Abdul Mannaf, 5. Habej Uddin Mandal, 6. Nur Islam, 7. Nur Mahammad Ali and 8. Shamsuddin Mandal. Thus, the order passed by this Court dated 07.03.2024, in connection with South Salmara P.S. Case No.36/2024 registered under Sections 147/ 148/ 149/ 379/ 325/326/307 of the Indian Penal Code is hereby made absolute.

In terms of above, this anticipatory bail application stands disposed of.

The Case Diary be sent back.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010047692024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/610/2024o ABDURoREJJAKo@oREJJAKoALIoANDo7oORSo S/OoLATEoSAMSERoALI,oR/OoVILLo-oKATHADANGA,oSATADUBI,oAJo KHANDA,oP.O.-PATAKATA,oP.S.-SOUTHoSALMARA,oP.S.-SOUTHoSALMARA,o DIST-SOUTHoSALMARA,oSTATE-oASSAM,oPIN-o783127 2:oASHRAFULoISLAM oS/OoABDULoREJJAK oR/OoVILLo-oKATHADANGA oSATADUBI oAJoKHANDA oP.O.-PATAKATA oP.S.-SOUTHoSALMARA oP.S.-SOUTHoSALMARA oDIST-SOUTHoSALMARA oSTATE-oASSAM oPIN-o783127 3:oNURoALAM oS/OoABDULoREJJAK oR/OoVILLo-oKATHADANGA oSATADUBI oAJoKHANDA oP.O.-PATAKATA oP.S.-SOUTHoSALMARA oP.S.-SOUTHoSALMARA oDIST-SOUTHoSALMARA oSTATE-oASSAM oPIN-o783127 4:oABDULoMANNAF oS/OoLATEoSAMSERoALI oR/OoVILLo-oKATHADANGA oSATADUBI oAJoKHANDA PageoNo.#o2/4 oP.O.-PATAKATA oP.S.-SOUTHoSALMARA oP.S.-SOUTHoSALMARA oDIST-SOUTHoSALMARA oSTATE-oASSAM oPIN-o783127 5:oHABEJoUDDINoMANDAL oS/OoABDULoAZIZoMANDAL oR/OoVILLo-oKATHADANGA oSATADUBI oAJoKHANDA oP.O.-PATAKATA oP.S.-SOUTHoSALMARA oP.S.-SOUTHoSALMARA oDIST-SOUTHoSALMARA oSTATE-oASSAM oPIN-o783127 6:oNURoISLAM oS/OoABDULoREJJAK oR/OoVILLo-oKATHADANGA oSATADUBI oAJoKHANDA oP.O.-PATAKATA oP.S.-SOUTHoSALMARA oP.S.-SOUTHoSALMARA oDIST-SOUTHoSALMARA oSTATE-oASSAM oPIN-o783127 7:oNURoMAHAMMADoALI oS/OoYAKUBoALI oR/OoVILL-oKHODAJDILA oP.O.-PATAKATA oP.S.-SOUTHoSALMARA oDIST-SOUTHoSALMARA-MANKACHAR oSTATE-oASSAM oPIN-783127 8:oSHAMSUDDINoMANDAL oS/OoABDULoAZIZoMANDAL oR/OoVILL-oRAJABALA oP.O.-PATAKATA oP.S.-SOUTHoSALMARA oDIST-SOUTHoSALMARA-MANKACHAR oSTATE-oASSAM oPIN-78312o Page No.# 3/4 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA