Tayeb Ali Khan and 8 Ors v. The State of Assam

ORDER

01.05.2024 Heard Mr. N. Ahmed, learned counsel for the applicants and also heard Ms. N. Das, Page No.# 3/4 learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Bokajan P.S. Case No.10/2024 under Section 420/406 IPC, this application under Section 438 Cr.P.C. is preferred by nine applicants, namely, Tayeb Ali Khan, Arob Ali Batsha, Ruhul Al-Amin, Ratul Al-Amin, Shaha Alom, Mafida Khatun, Ajijul Rahman, Maychin Ali and Anirban Bhar, for grant of pre-arrest bail.

¶3It is to be noted here that the above-noted case has been registered on the basis of an FIR lodged by one Lakshmi Saha, on 23.02.2024. The essence of allegation made in the aforesaid FIR is that since one month, a group of unknown persons at Bokajan Ward No.2 at Chandrapur under Bokajan P.S., with some local Asha Karmis of Bokajan and Khatkhati area, conducted camp and collected a sum of ` 30/- in the name of registration and ` 500/-, ` 800/- and ` 1,000/-, in the name of giving spectacles fraudulently and they did so without obtaining permission from the departmental authorities.

¶4Mr. Ahmed, learned counsel for the applicants submits that pursuant to the order of this Court dated 11.03.2024, by which the privilege of interim pre-arrest bail was granted to the applicants, they appeared before the I.O. and their statements have been recorded and they have been cooperating with the investigating agency and therefore, Mr. Ahmed contended that the interim order dated 11.03.2024, may be made absolute, in the same terms and conditions.

¶5On the other hand, Ms. N. Das, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and confirmed appearance of the applicants before the I.O. However, Ms. Das submits that the I.O. has collected sufficient incriminating materials against the applicants and that the investigation is going on and therefore, Ms. Das has opposed the petition.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Das, learned Additional P.P. Page No.# 4/4

¶7The case diary indicates that the applicants have appeared before the I.O. and cooperating with the investigating agency. Though the I.O. has collected some incriminating materials against the applicants, yet their custodial interrogation, in the interest of investigation seems to be not warranted here in this case. And therefore, this Court is inclined to make the interim order dated 11.03.2024, absolute, in the same terms and conditions. Case diary be returned.

¶8In terms of above, this anticipatory bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/4 GAHC010049982024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/618/2024o TAYEBoALIoKHANoANDo8oORS.o S/OoSUKURoALIoKHAN,oR/OoVILL-oBARAPETA,oP.S.-GOBARDHANA,oDIST- BAKSAo(BTR),oASSAM 2:oAROBoALIoBATSHA oS/OoLATEoHURMUZoALI oR/OoVILL-oNICHUKA oP.S.-BARPETAoROAD oDIST-BARPETA oASSAM 3:oRUHULoAL-AMIN oS/OoGOLAPoRABBANI oR/OoVILL-KHAIRABARI oP.S.-BARPETAoROAD oDIST-BARPETA oASSAM 4:oRTULoAL-AMIN oS/OoGOLAPoRABBANI oR/OoVILL-KHAIRABARI oP.S.-BARPETAoROAD oDIST-BARPETA oASSAM 5:oSHAHAoALOM oS/OoLATEoTAYEBoALI oR/OoVILL-KHAIRABARI oP.S.-BARPETAoROAD oDIST-BARPETA oASSAM 6:oMAFIDAoKHATUN oW/OoSHAHAoALOM Page No.# 2/4 R/O VILL-KHAIRABARI P.S.-BARPETA ROAD DIST-BARPETA ASSAM 7: AJIJUL RAHMAN S/O SAHIDUL ISLAM R/O ALONGMARI P.S.-GOBARDHANA DIST- BAKSA (BTR) ASSAM 8: MAYCHIN ALI S/O ABDUL SATTAR R/O VILL- BARAPETA P.S.-GOBARDHANA DIST-BAKSA (BTR) ASSAM 9: ANIRBAN BHAR S/O LAKSHMINAYAN BHAR R/O VILL- SOMASPUR P.S.-DHANIAKHALI DIST-HOOGLY WEST BENGA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN