Anser Ali @ Amser Ali and 3 Ors v. The State of Assam

ORDER Date : 05.09.2024

Heard Mr. S. Nawaj, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor, Assam appearing for the State respondent. The present application has been filed under Section 438 Cr.P.C. by the petitioners namely, 1. Anser Ali @ Amser Ali 2. Mohiton Nessa @ Sokitan Nessa 3. Mohir Uddin and 4. Shohidul Islam praying for grant of pre-arrest bail in connection with Abhayapur P.S. Case No.79/2024 under Sections 302/34 IPC. This Court vide order dated 13.05.2024 considering the materials available on record was pleased to grant pre-arrest bail to the petitioners herein. It is contended that the petitioners herein in terms of the direction passed by this Court had appeared before the I/O and recorded their respective statements. It is further contended that the petitioners have not misused the liberty granted to them in the form of interim pre-arrest bail by this Court on 13.05.2024. However, the case diary reveals that on the date of the death of the deceased, the petitioners herein had gone for a village function and returned in the late night and accordingly had came to learn about the death of the deceased by way of hanging only in the early morning hour. In view of the above position, this Court is of the view that the petitioners have made out a case for being grant the benefit of pre-arrest bail. Accordingly, the interim pre-arrest bail granted to the petitioners by this Court on 13.05.2024 is hereby made absolute on the following conditions:-

(i) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and Page No.# 3/3

(ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. With the above observation, the Anticipatory Bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010136642024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o o oAB/856/2024 ANSERoALIo@oAMSERoALIoANDo3oORS. S/OoLATEoJAMAToALIo R/OoVILL-oAMBARIoBATANPARA oP.S.oABHAYAPURI oINoTHEoBONGAIGAONoDISTRICToOFoASSAM. 2:oMOHITONoNESSAo@oSOKITANoNESSA W/OoANSERoALIo@oAMSERoALIo R/OoVILL-oAMBARIoBATANPARA oP.S.oABHAYAPURI oINoTHEoBONGAIGAONoDISTRICToOFoASSAM. o3:oMOHIRoUDDIN S/OoANSERoALIo@oAMSERoALIo R/OoVILL-oAMBARIoBATANPARA oP.S.oABHAYAPURI oINoTHEoBONGAIGAONoDISTRICToOFoASSAM. o4:oSHOHIDULoISLAM S/OoANSERoALIo@oAMSERoALIo R/OoVILL-oAMBARIoBATANPARA oP.S.oABHAYAPURI oINoTHEoBONGAIGAONoDISTRICToOFoASSAM. oVERSUS THEoSTATEoOFoASSAM TOoBEoREPoBYoTHEoLEARNEDoPP oASSAM o------------ oAdvocateoforo:oMRoSARFRAZoNAWAZ Advocateoforo:oPP Page No.# 2/3 ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR