Ajom Ali and 4 Ors v. The State of Assam

ORDER

10.06.2024

¶1Heard learned counsel Mr. M. Ahmed for the petitioners, namely (i) Ajom Ali, (ii) Mohiruddin, (iii) Aynal Hoque, (iv) Johirul Islam, and (v) Abdus Salam.

¶2This application has been filed by the petitioner under Section 438 of the Cr.PC with prayer for bail as they have been apprehending arrest in connection with Bilasipara P.S. Case No. 109/2024 under Sections 120(B)/302/325/34 of the IPC.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State and learned counsel Mr. M. Hussain for the informant.

¶4The learned counsel for the informant has raised serious objection stating that the petitioner and his co-accused are deeply involved in this Page No.# 3/4 incident and they have already admitted about the prevailing animosity between them.

¶5The FIR unfolds that the accused persons named in the FIR, including the petitioners, surrounded and obstructed Asuruddin Sheikh at Sagunmari Part-IV and assaulted and killed him on 01.05.2024 at about 9 p.m. After killing him, the accused person threw his body into the water ditch near the house of the Asuruddin Sheikh.

¶6A land dispute was prevalent between the petitioners' and the deceased. The accused person have earlier threatened the deceased with dire consequences. This impelled the complainant to lodge an FIR.

¶7It is further submitted on behalf of the petitioner that the deceased Asuruddin Sheikh and the daughter-in-law of Fazar Ali had an illicit love affair. When Fazar Ali (uncle of informant) learnt about the affair, then a meeting was called regarding their illicit relation at Fazar Ali's house where the deceased was beaten severely. Accordingly, next evening, the deceased went to the mama bazaar for some medicines and returned back at night. Thereafter, he was sleeping but suddenly, he was missing at night and on the following morning, he was found dead near the ditch.

¶8I have considered the submissions at the Bar with circumspection.

¶9The learned counsel for the informant has submitted that the petitioners have already admitted through their bail petition about the prevailing animosity between them.

¶10A scrutiny of the Case Diary reveals strong suspicion against Page No.# 4/4 the petitioners.

¶11Investigation is still under progress. At this juncture, there appears to be no justified ground to extend the privilege of the petitioners.

¶12I have also considered the magnitude of the offence and the role attributed to the petitioners.

¶13Petition stands rejected at this stage.

¶14Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010099452024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1288/2024o AJOMoALIoANDo4oORS.o S/OoLT.oADOMoALIo R/OoSAGUNMARIoPT.IIIo P.O.oANDoP.S.oBILASIPARAo DIST.oDHUBRI,oASSAM 2:oMOHIRUDDIN oS/OoLT.oADOMoALIo R/OoSAGUNMARIoPT.oIIIo P.O.oANDoP.S.oBILASIPARAo DIST.oDIST.oDHUBRI oASSAM 3:oAYNALoHOQUE oS/OoLT.oNURoHUSSAINo R/OoSAGUNMARIoPT.IVo P.O.oANDoP.S.oBILASIPARAo DIST.oDHUBRI oASSAM 4:oJOHIRULoISLAMo@oJOHERoALI oS/OoLT.oABDULoMAZIDo R/OoSAGUNMARIoPT.IIo P.O.oANDoP.S.oBILASIPARAo DIST.oDHUBRI oASSAM 5:oABDUSoSALAM oS/OoDANEZoALIoSK.o R/OoSAGUNMARIoPT.oIV o P.O.oANoDP.S.oBILASIPARAo DIST.oDHUBRI oASSAo Page No.# 2/4 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR R A AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND