Sadek Ali and 7 Ors v. The State of Assam

ORDER

13.06.2024 Heard Mr A K Ahmed, learned counsel for the petitioners, 1) Sadek Ali, 2) Hakim Ali @ Abdul Hakim, 3) Sukur Ali, 4) Majam Ali, 5) Tafikul Islam, 6) Jeherul Islam, 7) Tamjida Begum and 8) Rousanara Begum, who have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Kharupetia PS Case No. 38/2024, registered under Sections 143/147/148/149/341/ Page No.# 3/4 325/326/354 of the Indian Penal Code, 1860.

¶3Heard Ms N Das, learned Additional Public Prosecutor for the State of Assam/respondent.

¶4The FIR unfolds that on 04.04.2024, the petitioners called Khadem Ali, father of the informant and tried to coerce him to compromise a case. When Khadem Ali denied, the petitioners assaulted him with sharp weapons, causing grave injuries on his person. The injured person raised alarm and then, his wife, Khairun Nessa and sons, Abu Sahed, Meser Ali and Turap Ali and nephew Jakaria tried to prevent the assault and they were assaulted in the process.

¶5The learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioners.

¶6The victim, Khadem Ali has sustained simple injuries caused by blunt object.

¶7I have also scrutinized the Case Diary.

¶8There are indeed incriminating materials in the Case Diary, against the petitioners.

¶9I have considered the submission that there was a scuffle between both the parties.

¶10I have considered the progress of investigation.

¶11It appears that custodial interrogation of the petitioners may not be required.

¶12The petitioners are local residents and they have pledged to cooperate with the remaining part of investigation and to abide by any stringent conditions, if imposed upon Page No.# 4/4 them. .

¶13Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 30,000/-each, with a suitable surety each of the like amount to the satisfaction of the arresting authority, under the conditions that:-

i) the petitioners shall appear before the IO within 7 (seven) days from today and cooperate with the investigation,

ii) the petitioners shall not exercise threats to the witnesses;

iii) the petitioners shall not leave the jurisdiction of the Court, till completion of investigation, and

iv) the petitioners shall refrain from such activities with which they are alleged. On breach of any of the bail conditions, the bail order shall stand cancelled.

¶14Bail Application stands disposed of.

¶15Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010104522024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1377/2024o SADEKoALIoANDo7oORSo S/OoAKABARoALI,oR/OoNO.o2oKUWARIPUKHURI,oP.S.-KHARUPETIA,oDIST-o DARRANGo(ASSAM),oPIN-784116 2:oHAKIMoALIo@oABDULoHAKIM oS/OoAKABARoALI oR/OoNO.o2oKUWARIPUKHURI oP.S.-KHARUPETIA oDIST-oDARRANGo(ASSAM) oPIN-784116 3:oSUKURoALI oS/OoAKABARoALI oR/OoNO.o2oKUWARIPUKHURI oP.S.-KHARUPETIA oDIST-oDARRANGo(ASSAM) oPIN-784116 4:oMAJAMoALI oS/OoAKABARoALI oR/OoNO.o2oKUWARIPUKHURI oP.S.-KHARUPETIA oDIST-oDARRANGo(ASSAM) oPIN-784116 5:oTAFIKULoISLAM oS/OoSADEKoALI oR/OoNO.o2oKUWARIPUKHURI oP.S.-KHARUPETIA oDIST-oDARRANGo(ASSAM) oPIN-784116 6:oJEHERULoISLAM oS/OoSADEKoALI Page No.# 2/4 R/O NO. 2 KUWARIPUKHURI P.S.-KHARUPETIA DIST- DARRANG (ASSAM) PIN-784116 7: TAMJIDA BEGUM W/O SADEK ALI R/O NO. 2 KUWARIPUKHURI P.S.-KHARUPETIA DIST- DARRANG (ASSAM) PIN-784116 8: ROUSANARA BEGUM W/O HAKIM ALI R/O NO. 2 KUWARIPUKHURI P.S.-KHARUPETIA DIST- DARRANG (ASSAM) PIN-78411 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A K AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND