Firoz Ali and Anr v. The State of Assam

ORDER

24.07.2024 Heard Mr P K Roychoudhury, learned counsel for the petitioners, 1) Firoz Ali and 2) Fulima Bibi and Mr B B Gogoi, learned Additional Public Prosecutor for the State of Page No.# 2/3 Assam.

¶2The petitioners have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Boko PS Case No. 109/2024, registered under Sections 304(B)/34 of the Indian Penal Code, 1860.

¶3I have considered the submissions at the Bar with circumspection.

¶4Petitioners are on interim bail vide orders dated 01.04.2024 and 10.05.2024, passed by this Court in connection with the aforementioned case.

¶5The FIR unfolds that the accused No. 1 named in the FIR is the husband of the deceased victim, Elija Begum. The victim was subjected to cruelty by the petitioners and their son, Imran Ali, to meet their illegal demand of dowry. On 05.03.2024, at about 06:00 pm, the petitioners committed murder of the victim Elija Begum.

¶6It is submitted on behalf of the petitioners that the prime accused has already been enlarged on bail.

¶7I have scrutinized the Case Diary and the PM Report.

¶8No injuries were detected during the Post-Mortem examination except one oblique ligature mark around the neck

¶9The petitioners were granted interim bail vide orders dated 01.04.2024 and

10.05.2024 and they have already appeared before the IO and they have cooperated with the investigation. Page No.# 3/3

¶10Investigation has also progressed to a considerable extent.

¶11It appears that custodial interrogation may not be required. Hence, the petition is allowed.

¶12Interim pre-arrest bail orders dated 01.04.2024 and 10.05.2024, are hereby made absolute.

¶13Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010065102024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/830/2024 FIROZ ALI AND ANR S/O MANCHER ALI, VILL- PRITIPUR-CHOUDHURYPARA, P.O.- CHOUDHURYPARA, P.S.-BOKO, DIST-KAMRUP (R), ASSAM, PIN-781141 2: FULIMA BIBI W/O FIROZ ALI VILL- PRITIPUR-CHOUDHURYPARA P.O.-CHOUDHURYPARA P.S.-BOKO DIST-KAMRUP (R) ASSAM PIN-78114 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P K ROYCHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND