Mrs. Alam Ara Laskar and 4 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010062572024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/804/2024o MRS.oALAMoARAoLASKARoANDo4oORS.o W/OoLATEoJOYNALoABEDINoLASKAR,oR/OoPANCHAYAToROADoAMBIKAPUR PART-IX,oWARDoNO.o19,oP.O.oANDoP.S.-SILCHAR,oDIST-oCACHAR,oASSAM 2:oMOYUNoUDDINoLASKAR oS/OoLT.oASADDARoALIoLASKAR oR/OoPANCHAYAToROADoAMBIKAPURoPART-IX oWARDoNO.o19 oP.O.oANDoP.S.-SILCHAR oDIST-oCACHAR oASSAM 3:oAMINoUDDINoLASKAR oS/OoMOKODDOSoALIoLASKAR oR/OoPANCHAYAToROADoAMBIKAPURoPART-IX oWARDoNO.o19 oP.O.oANDoP.S.-SILCHAR oDIST-oCACHAR oASSAM 4:oANWARoHUSSAINoLASKAR oS/OoMAKADDASoALIoLASKAR oR/OoPANCHAYAToROADoAMBIKAPURoPART-IX oWARDoNO.o19 oP.O.oANDoP.S.-SILCHAR oDIST-oCACHAR oASSAM 5:oIKBALoHUSSAINoLASKAR oS/OoMAKADDASoALIoLASKAR oR/OoPANCHAYAToROADoAMBIKAPURoPART-IX oWARDoNO.o19 oP.O.oANDoP.S.-SILCHAR oDIST-oCACHAR Page No.# 2/3 ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S ROY Advocate for the Respondent : PP, ASSAM

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

10.04.2024

Heard the learned counsel Mr. M.H. Laskar appearing for the petitioners. Also heard Mr. R.R. Kaushik, learned Addl. Public Prosecutor representing the State of Assam.

¶2This is an application under Section 438 of the CrPC in respect of Silchar P.S. Case No.1300/2022, registered under Sections 406/468/420 of the IPC.

¶3Earlier, case diary was called for and the same is not received yet.

¶4Today, I am of the considered opinion that this bail application can be considered and disposed of without perusal of the case diary.

¶5The allegation against the present petitioners is that they had mutated their names illegally in respect of the land belonging to the informant.

¶6After going through the FIR, it appears that there are elements of a civil suit and therefore, this Court is of the opinion that the petitioners do not deserve to be detained in custody for the allegation brought against them. Their pre-arrest bail Page No.# 3/3 application is allowed.

¶7The petitioners, namely- (1) Mrs. Alam Ara Laskar, (2) Moyun Uddin Laskar, (3) Amin Uddin Laskar, (4) Anwar Hussain Laskar and (5) Ikbal Hussain Laskar are allowed to go on bail connection with Silchar P.S. Case No.1300/2022, registered under Sections 406/468/420 of the IPC on furnishing bail bond of ₹20,000/- with sureties of like amount to the satisfaction of the arresting authority.

¶8The above named petitioners shall co-operate with the police investigating officer as and when required. With the above direction, the application for bail is allowed.

JUDGE Comparing Assistant