Mohammad Ali and 6 Ors v. The State of Assam

ORDER Date : 04.04.2024 Heard Mr. N. Hoque, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the State respondent. This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioners, namely 1. Mohammad Ali 2. Rukia Begum 3. Hanif Ali 4. Rafiqul Islam 5. Rashid Masud 6. Abul Kalam Azad 7. Chandra Bhanu who were apprehending arrest in connection with Hatigaon P.S. Case No.35/2024 under Sections 366 IPC. Case diary is received. Perused the same. Page No.# 3/3 It is submitted by the learned counsel for the petitioner that the accused/petitioners are the family member of the accused Gulam Nabi Azad and they are not at all involved in the alleged offence. However, after obtaining interim pre-arrest bail on 15.03.2024, they appeared before the Investigating Officer and their statement were recorded under Section 161 Cr.P.C. They are still ready and willing to cooperate with the I/O if they are granted with the privilege of pre-arrest bail. In this context, learned Additional Public Prosecutor has submitted that the accused/petitioners are cooperating with the I/O and their statement were recorded under Section 161 Cr.P.C and therefore, considering the materials available in the case diary, their custodial interrogation may not be necessary. Considering the submissions made by the learned counsel for both sides, the conduct of the accused petitioners as well as the materials available in the case diary, I find custodial interrogation of the accused petitioners may not be necessary in this case and hence, I find it a fit case to extend the privilege of pre-arrest bail to the accused petitioners. Accordingly, the interim order dated 15.03.2024 is hereby made absolute with the same terms and condition.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010054172024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/695/2024o MOHAMMADoALIoANDo6oORS.o S/OoLATEoKALIMUDDIN,oR/OoVILL-oSIDHUNI,oP.S.-BAGHBAR,oDIST-o BARPETA,oASSAM 2:oRUKIAoBEGUM oW/OoMOHAMMADoALI oR/OoVILL-oSIDHUNI oP.S.-BAGHBAR oDIST-oBARPETA oASSAM 3:oHANIFoALI oS/OoLATEoKALIMUDDIN oR/OoVILL-oSIDHUNI oP.S.-BAGHBAR oDIST-oBARPETA oASSAM 4:oRAFIQULoISLAM oS/OoMOHAMMADoALI oR/OoVILL-oSIDHUNI oP.S.-BAGHBAR oDIST-oBARPETA oASSAM 5:oRASHIDoMASUD oS/OoMOHAMMADoALI oR/OoVILL-oSIDHUNI oP.S.-BAGHBAR oDIST-oBARPETA oASSAM 6:oABULoKALAMoAZAD oS/OoLATEoAMIRUDDINoAHMED Page No.# 2/3 R/O VILL- MADERTARI P.S.-BARPETA DIST- BARPETA ASSAM 7: CHANDRA BHANU W/O ABUL KALAM AZAD R/O VILL- MADERTARI P.S.-BARPETA DIST- BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N HAQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA