Ansar Ali @ Anser Ali and 2 Ors v. The State of Assam

ORDER

24.05.2024 Heard Mr P K Roy Choudhury, learned counsel for the petitioners, 1) Ansar Ali @ Anser Ali, 2) Anowar Ali and 3) Sajeeda Bibi.

¶2The petitioners have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Mankachar PS Case No. 88/2024, under Sections 341/325/354/354-B/34 and added Section 302 IPC.

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

¶4The allegations against the petitioners is that all the petitioners assaulted the victim, which led to her death.

¶5It is submitted on behalf of petitioners that the petitioner No. 3, who was granted interim pre-arrest bail vide order dated 09.05.2024, has appeared before the IO and she has cooperated with the investigation. Moreover, it is submitted on behalf of all the petitioners that the victim died a natural death as she was suffering from diarrhea. The victim fell down and sustained fatal injuries on her head.

¶6The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials against the petitioners in the Case Diary.

¶7The witnesses' statements recorded under Section 161 CrPC, have implicated all Page No.# 3/3 the three petitioners.

¶8I have considered the submissions at the Bar with circumspection. I have also scrutinized the Case Diary and the Post-Mortem report of the victim.

¶9The opinion of the Medical Officer is that the death was ante-mortem in nature.

¶10The petitioners are booked under a serious offence and they are not entitled to pre-arrest bail.

¶11In view of my foregoing discussions, it is thereby held that there appears no justified ground to extend the privilege of pre-arrest bail to the present petitioners. Accordingly, the bail petition is rejected.

¶12The interim bail granted by this Court in respect of the petitioner No. 3, stands vacated.

¶13Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010088142024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1185/2024o ANSARoALIo@oANSERoALIoANDo2oORS.o S/OoLT.oBAMUNoUDDINo@oBAMONoUDDINo RESIDENToOFoVILLAGE-oCHENGURCHAR,oP.S.oMANKACHAR,oDIST.oSOUTH SALMARAoMANKACHAR,oASSAM,oPIN-o783136 2:oANOWARoALI oS/OoLT.oBAMUNoUDDINo@oBAMONoUDDINo RESIDENToOFoVILLAGE-oCHENGURCHAR oP.S.oMANKACHAR oDIST.oSOUTHoSALMARAoMANKACHARoASSAM oPIN-o783136 3:oSAJEDAoBIBI oW/OoANSARoALIo RESIDENToOFoVILLAGE-oCHENGURCHAR oP.S.oMANKACHAR oDIST.oSOUTHoSALMARAoMANKACHARoASSAM oPIN-o78313o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oPoKoROYCHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND