Abu Taleb and 4 Ors v. The State of Assam

ORDER Date : 13.05.2024

Heard Ms. D. Ghosh, learned counsel for the petitioners. Also heard Mr. D. Das, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely, 1. Abu Taleb, 2. Abdul Mazid @ Majid, 3. Mamud Ali, 4. Mojabbor Ali, 5. Moinuddin, apprehending their arrest in connection with South Salmara P.S. Case No.25/2024 registered u/s 147/148/149/436/326/325/307/302/385/427 of the IPC corresponding to GR No. 67/2024. The Case diary, as called for, is placed before the Court. The case of the prosecution is that on 06.02.2024 at around 12 noon, the accused persons armed with sharp weapons, like dao, degar etc., illegally entered into the house of the informant and that with the intention to kill his Page No.# 3/4 brother chased him while he was working in the field. While the brother of the informant tried to run, the accused persons restrained him and gave several blows with dager and caused grievous injuries on his body, resulting which he died. It is the further case of the prosecution that when two other persons upon seeing the incident tried to stop the accused persons, the accused also assaulted them causing grievous injuries. Ms. D. Ghosh, learned counsel for the petitioners submits that the petitioners are totally innocent and have been falsely implicated in the offence alleged. Mr. D. Das, learned Addl. P.P. submits that the statement of the witnesses have been recorded under Section 161 Cr.P.C. by the Investigating Officer. He further submits that it is revealed from the statement of the witnesses that two persons, namely, Billal and Rahim had inflicted dao injuries to the brother of the informant, consequently for which he died. He further submits that the petitioners' presence has also come out from the statement of the witnesses. He further submits that the petitioners are willing to co-operate in the investigation. I have heard the submissions made at the bar and perused the materials available on record. It appears that the investigation has substantially progressed. It further appears that though the presence of the petitioners has been identified by the witnesses present, whose statement has also been recorded u/s 161 Cr.P.C. by the I.O., no role has been implicated against the petitioners by the aforesaid witnesses. It further appears that it was the two other accused persons, namely, Billal and Rahim, who had assaulted the deceased with dangerous weapons, causing his death. Page No.# 4/4 Considering the totality of the matter, this Court is of the view that custodial interrogation of the petitioners may not be justified for the ongoing investigation. Accordingly, it is provided that in the event of arrest, the petitioners, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 50,000/- each with one local surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioners shall appear before the Investigating Officer within 10 days, failing which on and from the 11th day, this pre-arrest bail order shall have no force; and

(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 Police Officer or the Court; and

(iii) That the petitioners shall refrain from committing any similar offences in future, of which they are suspected of commission. Return the case diary. This disposes off the anticipatory bail application.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010089132024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1160/2024o ABUoTALEBoANDo4oORS.o S/OoLATEoASHANoALIo VILL-oBALDIARoALGA,oCHARoNCo P.O.oMUTHAKHOWA,oP.S.oSOUTHoSALMARA,o DIST.oDHUBRI,oASSAMoPIN-783323 2:oABDULoMAZIDo@oMAJID oS/OoMUNNAFoALIo VILL-oMUTHAKHOWAoPART-IIIo P.O.oMUTHAKHOWA oP.S.oSOUTHoSALMARA oDIST.oDHUBRI oASSAMoPIN-783323 3:oMAMUDoALI oS/OoHASIMoUDDINo VILL-oBALDIARoALGA oCHARoNCo P.O.oMUTHAKHOWA oP.S.oSOUTHoSALMARA oDIST.oDHUBRI oASSAMoPIN-783323 4:oMOJABBORoALI oS/OoABDULoMAJIDoALIo VILL-oBALDIARoALGA oCHARoNCo P.O.oMUTHAKHOWA oP.S.oSOUTHoSALMARA oDIST.oDHUBRI oASSAMoPIN-783323 5:oMOINUDDIN oS/OoLATEoSUKURoALIo Page No.# 2/4 VILL- BALDIAR ALGA CHAR NC P.O. MUTHAKHOWA P.S. SOUTH SALMARA DIST. DHUBRI ASSAM PIN-78332 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI