Monnas Ali and 7 Ors v. The State of Assam

ORDER Date : 26-06-2024 Heard Mr. S. Islam, learned counsel for the petitioners namely 1. Monnas Ali, 3. Nurjahan Begum @ Majani Begum, 4. Golesa Khatun, 5. Mamataz Begum, 6. Shobha Khatun, 7. Jarina Khatun and 8. Nargis Sultana @ Nargis Khatun, who have filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for pre-arrest bail as they are apprehending arrest in connection with Dhula Police Station Case No. 61/2024 under Sections 341/447/448/323/326/328/354/34 of the Indian Penal Code, 1860 (IPC for short).

¶2Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶3It is submitted that the petitioner No. 2 has already been arrested and released on bail.

¶4The allegation against the petitioners is that the petitioners have assaulted the victim and her sister, and tied their hands on a tree and thereafter, poured chili powder water over the victim and subsequently, the victim became unconscious.

¶5The learned Additional Public Prosecutor has raised objection stating that the injury report is not received. There are incriminating materials in the Case Diary against the petitioners. He has raised serious objection against the bail petition.

¶6The learned counsel for the petitioners has submitted that this case has Page No.# 4/5 been pending for Case Diary since 21.05.2024 but the Case Diary has been forwarded without the injury report. It is submitted that the petitioners are innocent and a false case has been slammed against them. The petitioners are willing to cooperate with the investigation. It is also submitted that the FIR is cryptic and no case under Section 326 of the IPC is made out against the petitioners.

¶7I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners. Investigation has progressed to a considerable extent. It appears that custodial interrogation may not be required. The petitioners have pledged to abide by any stringent bail conditions, if imposed upon them and to cooperate with the investigation. The petitioners are local residents and they are not flight risks.

¶8Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶9Considering all aspects, petition is allowed.

¶10In the event of their arrest, the petitioners No. 1, 3, 4, 5, 6, 7 and 8 shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

(i) The petitioners No. 1, 3, 4, 5, 6, 7 and 8 shall appear before the Investigating Officer within 1 (One) week and cooperate with the investigation.

(ii) The petitioners No. 1, 3, 4, 5, 6, 7 and 8 shall refrain from such activities with which they are alleged.

(iii) The petitioners No. 1, 3, 4, 5, 6, 7 and 8 shall not exercise threats to the witness or try to influence them. Page No.# 5/5

(iv) The petitioners No. 1, 3, 4, 5, 6, 7 and 8 shall not leave the jurisdiction of the Court without prior permission.

¶11On breach of any of the bail conditions, bail order shall stand cancelled.

¶12In the above terms, this Anticipatory Bail application stands disposed of.

¶13Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010099242024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1308/2024o MONNASoALIoANDo7oORS.o S/OoEUNUSoALIo R/OoVILL-oMOUSITHAoGOSORGURI,oP.O.oSHYAMTILA,oP.S.oDHULA,oDIST.o DARRANG,oASSAM,oPINoNO.o-784514 2:oMD.oBAHARULoISLAM oS/OoEUNUSoALIo R/OoVILL-oMOUSITHAoGOSORGURI oP.O.oSHYAMTILA oP.S.oDHULA oDIST.oDARRANG oASSAM oPINoNO.o-784514 3:oNURJAHANoBEGUMo@oMAJANIoBEGUM oW/OoMD.oBAHARULoISLAMo R/OoVILL-oMOUSITHAoGOSORGURI oP.O.oSHYAMTILA oP.S.oDHULA oDIST.oDARRANG oASSAM oPINoNO.o-784514 4:oGOLESAoKHATUN oW/OoKAMALoUDDINo R/OoVILL-oSIMALUGURI oP.O.oGALANDI o P.S.oDALGAON oDIST.oDARRANG oASSAM oPIN-784115 5:oMAMATAZoBEGUM Page No.# 2/5 W/O MANNAS ALI R/O VILL- MOUSITHA GOSORGURI P.O. SHYAMTILA P.S. DHULA DIST. DARRANG ASSAM PIN NO. -784514 6: SHOBHA KHATUN C/O KHAJRUL ISLAM R/O VILL- MOUSITHA GOSORGURI P.O. SHYAMTILA P.S. DHULA DIST. DARRANG ASSAM PIN NO. -784514 7: JARINA KHATUN W/O NAZRUL ISLAM R/O VILL- MOUSITHA GOSORGURI P.O. SHYAMTILA P.S. DHULA DIST. DARRANG ASSAM PIN NO. -784514 8: NARGIS SULTANA @ NARGIS KHATUN D/O NAZRUL ISLAM R/O VILL- MOUSITHA GOSORGURI P.O. SHYAMTILA P.S. DHULA DIST. DARRANG ASSAM PIN NO. -78451 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHOUDHURY Advocate for the Respondent : PP, ASSAM Page No.# 3/5 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND