Abbas Ali v. The State of Assam

ORDER Date : 31.05.2023 Heard Mr. P. Choudhury, learned counsel appearing for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

¶2The bail application has been preferred by the petitioner, Page No.# 2/5 namely, Abbas Ali seeking bail in connection with Sessions Case No. 209/2022 under Sections 120(B)/201/302 of IPC, which is pending before the District and Sessions Judge, Barpeta.

¶3The learned counsel for the petitioner submits that the petitioner was arrested in connection with an FIR dated

22.03.2022 lodged by the informant, one Harun Ali. The said FIR was received and registered as Barpeta Police Station Case No.338/2022 under Sections 341/302/34 of IPC.

¶4In the FIR it was alleged that there was some land dispute between the sister of the informant and the accused persons mentioned in the FIR, which is still pending before the Court. During the pendency of the land dispute, on 21.03.2022 at about 7.30 p.m at Bilartari Chowk in the Barpeta District, the sister of the informant while coming out from the house of one Dr. Binay after checkup was killed by the accused persons No.1 and 2 named in the FIR. It is alleged that both the accused persons stabbed on her stomach and killed her. Thereafter, the accused persons No.1 and 2 had fled away from the place of occurrence on the Motor cycle driven by the accused No.3. Another sister of the informant, namely, Rupjan Nessa recognized the accused persons and is a witness of the incident.

¶5Pursuant to the FIR lodged, the petitioner was also arrested in connection with the said case. He was arrested on

30.03.2022 and since then he has been in custody. Page No.# 3/5

¶6Learned counsel for the petitioner submits that at present the trial has commenced before the Sessions Court and as many as 7 (seven) prosecution witnesses have already been examined and till now not a single witness has implicated the petitioner.

¶7This Court by earlier orders had called for the scanned copies of the LCR and the same are available in Court today. The learned counsel for the petitioner has also furnished a copy of the examination of prosecution witness, P.W.7, namely, Rupjan Nessa, who is considered to be the eye witness in the murder of the sister of the informant.

¶8It is submitted that the said P.W.7 was present with the deceased at the time of occurrence and therefore, she is a vital witness. It is further submitted that one of the prime accused, Makdam Ali has in the meantime been released on bail by order dated 29.06.2022 passed by the Sessions Judge, Barpeta.

¶9Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam submits that the trial is going on and till date the petitioner has not been incriminated by any of the witnesses, who are examined so far.

¶10Learned counsels for the parties have been heard. The scanned copies of the LCR available have been carefully perused. The depositions of the witnesses examined have also been perused including the deposition of P.W.7, copy of which is furnished today by the learned counsel for the petitioner. Page No.# 4/5

¶11As discussed above, P.W.7 was present at the time of incident with the deceased and therefore, is considered to be a vital witness of the case.

¶12A careful perusal of the depositions including the deposition of P.W.7 reveals that there is no allegation in so far as the present petitioner is concerned. No incriminating materials are found against the present petitioner by any of the witnesses so far. The present petitioner was also not named as accused in the FIR initially. Even from the charge-sheet the allegations against the petitioner is on the basis of statements made by the other accused.

¶13Upon taking all circumstances into consideration and upon hearing the learned counsel, this Court is of the view that more particularly the depositions rendered by the prosecution witnesses including the P.W.7, the prayer for bail of the petitioner at the stage can be granted.

¶14Accordingly, upon giving my anxious thoughts to the submissions made and the materials available in the case diary, this Court is of the view that considering the period of detention undergone and in view of the absence of any specific materials against the petitioner, the prayer for bail of the petitioner can be granted. Accordingly, the bail petition is allowed. The petitioner is directed to be released on bail forthwith subject to executing a bail bond of Rs.30,000/-(Rupees thirty thousand) only with one local surety of like amount to the satisfaction of the Sessions Judge, Barpeta. The Page No.# 5/5 bail, granted however, subject to the following conditions:-

i) The petitioner shall continue to appear before the police and cooperate with the Investigating Officer as and when required, till completion of investigation.

ii) The petitioner shall not change his residence or place of business, without prior written permission from the Court of Sessions Court, Barpeta.

iii) That the petitioner shall not hamper or tamper with the investigation in any manner; and

iv) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

¶15If any of the conditions are found to be violated by the petitioner, then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the accused.

¶16With the above direction, the bail petition is allowed and disposed of.

¶17Return the Case Dairy. JUDGE Comparing Assistant

Page No.# 1/5 GAHC010082572023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1376/2023 ABBAS ALI S/O RUPCHAND ALI R/O VILL. KAHIBARI P.S. BARPETA P.O. DAKUWA DIST. BARPETA ASSAM, PRESENT ADDRESS- OLD POST OFFICE, GMC ROAD C/O SADHAN ROY H. NO. 48 BHANGAGARH P.S. BHANGAGARH P.O. DISPUR DIST. KAMRUP M ASSAM PIN 781005 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR P CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA