Majom Ali and 5 Ors v. The State of Assam

ORDER

05.06.2024 Heard Mr M U Mondal, learned counsel for the petitioners, 1) Majom Ali, 2) Moyan Ali, 3) Sobahan Ali, 4) Sanidul Islam, 5) Aynal Hoque and 6) Ayan Uddin.

¶2The petitioners have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Gauripur PS Case No. 72/2024, registered under Sections 120(B)/341/147/148/325/427/379/307 IPC. Page No.# 3/4

¶3Heard Mr R R Kaushik, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted on behalf of the petitioners that they have also lodged an FIR on the same date, i.e., on 04.03.2024. The petitioner No. 1 has lodged an FIR against Abdur Rezzak, who is also related to petitioner No. 2, Moyan Ali.

¶5It is submitted that both the parties are at logger heads and there was a group clash between both the parties.

¶6It is submitted that the accused in the cross-case has already been granted anticipatory bail by this Court vide order dated 21.05.2024, in connection with AB No. 1135/2024.

¶7The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioners. The injured person has sustained grievous injuries on his metacarpal, right knee joint, right foot and right hand.

¶8I have considered the submissions at the Bar with circumspection.

¶9I have also scrutinized the Case Diary.

¶10Indeed there are incriminating materials in the Case Diary against the petitioners .

¶11I have considered the progress of investigation.

¶12It appears that custodial interrogation may not be required.

¶13I have also considered the submission that the petitioners are willing to abide any Page No.# 4/4 stringent conditions if imposed upon them.

¶14Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 50,000/-each, with a suitable surety of the like amount to the satisfaction of the arresting authority under the conditions that-

i) the petitioners shall appear before the IO within 10 days and cooperate with the investigation,

ii) the petitioners shall refrain from such activities, with which they are alleged, and

iii) the petitioners shall not leave the jurisdiction of the Court, without prior permission, till completion of investigation. On breach of any of the bail conditions, bail order shall stand cancelled.

¶15Bail Application stands disposed of.

¶16Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010075932024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/999/2024o MAJOMoALIoANDo5oORS.o S/OoLATEoUMARoALI,oVILL-oALOMGANJoPARToVII,oP.O.-ALOMGAN,oP.S.- GAURIPUR,oDIST-DHUBRI,oASSAM,oPIN-783339 2:oMOYANoALI oS/OoMOJAMoALI oVILL-oALOMGANJoPARToVII oP.O.-ALOMGAN oP.S.-GAURIPUR oDIST-DHUBRI oASSAM oPIN-783339 3:oSOBAHANoALI oS/OoLATEoUMARoALI oVILL-oALOMGANJoPARToVII oP.O.-ALOMGAN oP.S.-GAURIPUR oDIST-DHUBRI oASSAM oPIN-783339 4:oSANIDULoISLAM oS/OoSOBAHANoALI oVILL-oALOMGANJoPARToVII oP.O.-ALOMGAN oP.S.-GAURIPUR oDIST-DHUBRI oASSAM oPIN-783339 5:oAYNALoHOQUE oS/OoMAJOMoALI oVILL-oALOMGANJoPARToVII Page No.# 2/4 P.O.-ALOMGAN P.S.-GAURIPUR DIST-DHUBRI ASSAM PIN-783339 6: AYAN UDDIN S/O MAJOM ALI VILL- ALOMGANJ PART VII P.O.-ALOMGAN P.S.-GAURIPUR DIST-DHUBRI ASSAM PIN-78333 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND