Major Ali and 3 Ors v. The State of Assam

ORDER Date : 12.06.2023

Heard Mr. S. A. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This Anticipatory bail petition has been filed by the petitioners, namely, 1. Major Ali, 2. Delbar Ali @ Dilwar Ali, 3. Kaber Ali, 4. Rafique Ali @ Rafik Ali are apprehending arrest in connection with Sarthebari Police Station Case No. 251/2021, registered under Sections 457/376/306 of IPC added Section 143 of IPC (corresponding to GR Case No. 3437/2021).

¶3The learned counsel for the petitioners submits that charge-sheet in the matter has already been filed vide charge-sheet No. 368/21 dated 27.12.2021.

¶4The learned counsel for the petitioner submits that as per the FIR lodged by the informant allegations made are against the FIR named accused. Allegation is with regard to commission of rape. So far as the petitioners are concerned, they are not the FIR named accused. It is submitted that the FIR was lodged on 29.06.2021 and thereafter charge-sheet has been filed. Now the petitioners are apprehensive that upon Page No.# 3/4 appearance before the Court having competent jurisdiction they shall be arrested. This Court had called for the scanned copies of the LCR from the competent Court which is Judicial Magistrate First Class, Barpeta in connection to PRC No. 17/2022.

¶5Upon due perusal of the scanned copies of the LCR it is found that in the case dairy there is no specific materials against the petitioners in respect of the alleged offences. However their apprehension at this moment is that upon hearing before the competent Court they shall be taken into custody.

¶6This Court is of the view that in the face of law laid down by the Apex Court in Siddharth Vs State of Uttar Pradesh and Anr, reported in (2022) 1 SCC 676 and Judgment dated 20.03.2023 rendered in Mahdoom Bava Vs Ventral Bureau of Investigation in Criminal Appeal No……..of 2023 (Arising out of SLP (Crl) No. 376 of 2023), it is no longer res integra that appearance of the accused persons pursuant to summons being issued do not necessarily in all cases require orders directing the accused to be taken into custody as a matter of course. When the law has already been laid down by the Apex Court, no further orders are necessary to be passed by this Court.

¶7In view of the law laid down by the Apex Court, this anticipatory bail petition is disposed of directing the petitioners to appear before the Competent Court in connection with PRC Page No.# 4/4 No. 17/2022, before the Court of Judicial Magistrate First Class, Barpeta.

¶8Upon their appearance, the petitioners are at liberty to make necessary prayers before the Competent Court and the Competent Court upon consideration of the matter on its merits and taking into consideration the law laid down by the Apex Court will pass appropriate order. This application may be preferred by the petitioners within a period of one week from today. If any such applications as directed are filed by the petitioners by 19.06.2023, the same shall be disposed of by the competent Court taking note of the law laid down by the Apex Court in Siddharth Vs State of Uttar Pradesh and Anr (supra).

¶9Till 19.06.2023, no coercive action will be taken against the petitioners.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010098302023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1670/2023o MAJORoALIoANDo3oORS.o S.O.oLT.oKASUMUDDIN,oR.O.oVILL.oGADESHALIoPAM,oP.S.oSARTHEBARI,o DIST.oBARPETA,oASSAM 2:oDELBARoALIo@oDILWARoALI oS.O.oISMAILoALI oR.O.oVILL.oGADESHALIoPAM oP.S.oSARTHEBARI oDIST.oBARPETA oASSAM 3:oKABERoALI oS.O.oLT.oJADUoMIYA oR.O.oVILL.oGADESHALIoPAM oP.S.oSARTHEBARI oDIST.oBARPETA oASSAM 4:oRAFIQUEoALIo@oRAFIKoALI oS.O.oLT.oSALIMoUDDINoAHMED oR.O.oVILL.oGADESHALIoPAM oP.S.oSARTHEBARI oDIST.oBARPETA oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoPP,oASSAM. AdvocateoforotheoPetitionerooooo:oMR.oSoAoAHMEDo Page No.# 2/4 Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA