Rahmat Ali and 6 Ors v. The State of Assam

ORDER Date : 18-06-2024

¶1Heard Ms. J. Begum, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor who has produced the case diary of Kharupetia PS Case No. 48/2024 and has submitted that though the case diary is not up-to-date, however, the injury report is available in the case diary, which indicates that the injury sustained by the victim are simple in nature.

¶2On the other hand, learned counsel for the petitioners has submitted that by order dated 29.05.2024 the petitioners, namely, 1. Rahmat Ali, 2. Omar Page No.# 3/3 Kazi, 3. Ainal Hoque, 4. Abdul Mazom, 5. Musa Alam, 6. Tajer Rahman and 7. Fakir Ali were allowed to go on interim bail with certain directions and in pursuant to the directions of this Court, the petitioners have appeared before the Investigating Officer and have cooperated in the investigation.

¶3Considering the submissions made by the learned counsel for the petitioners as well as the learned Additional Public Prosecutor, it appears that custodial detention of the petitioners would not be necessary for fair completion of the Kharupetia PS case No. 48/2024. Hence, the interim bail granted to the above named petitioners by order dated 29.05.2024 is hereby made absolute with conditions Nos. 1, 2 and 3 attached to the said order remaining intact.

¶4With the above observation, this anticipatory bail application is disposed of.

¶5Send back the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010105212024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1379/2024o RAHMAToALIoANDo6oORSo S/OoKABEDoALI,oR/OoVILL-oKHETESWAR,oP.S.-KHARUPETIA,oDIST-o DARRANG,oASSAM 2:oOMARoKAZI oS/OoLATEoNADERoALI oR/OoVILL-oKHETESWAR oP.S.-KHARUPETIA oDIST-oDARRANG oASSAM 3:oAINALoHOQUE oS/OoLATEoNADERoALI oR/OoVILL-oKHETESWAR oP.S.-KHARUPETIA oDIST-oDARRANG oASSAM 4:oABDULoMAZOM oS/OoASMAToALI oR/OoVILL-oKHETESWAR oP.S.-KHARUPETIA oDIST-oDARRANG oASSAM 5:oMUSAoALAM oS/OoKABEDoALI oR/OoVILL-oKHETESWAR oP.S.-KHARUPETIA oDIST-oDARRANG oASSAM 6:oTAJERoRAHMAN oS/OoLATEoNADERoALI Page No.# 2/3 R/O VILL- KHETESWAR P.S.-KHARUPETIA DIST- DARRANG ASSAM 7: FAKIR ALI S/O ISOB ALI R/O VILL- KHETESWAR P.S.-KHARUPETIA DIST- DARRANG ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR M HOQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA