Ali Hussain and 9 Ors v. The State of Assam

ORDER Date : 17.07.2023 Heard Mr. A. M. Ahmed, learned counsel for the petitioners. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State. This is an application under Section 438 of Cr.P.C. has been filed by the petitioners, namely, (1) Ali Hussain, (2) Jiarul Hoque, (3) Nasir Uddin, (4) Shaha Alom, (5) Kobed Ali, (6) Aymona Khatun, (7) Basiron Nessa, (8) Iman Ali, (9) Jahidul Islam, and (10) Jahan Uddin apprehending their arrest in connection with Kalgachia Police Station case No. 61/2023, registered under Sections 143/147/148/325/307 of IPC. The learned counsel for petitioner submits that a cross case is also filed by one Gulzar Hussain, who is the relative of the present petitioner against Samsul Alom and others. The learned counsel for the petitioner has submitted that there is land dispute between both the parties and the present petitioners were on

25.05.2023, granted interim anticipatory bail by this Court and in pursuant to said order seven out of ten petitioners appeared before the Investigating Officer. The learned counsel Public Prosecutor has submitted that on perusal of the case diary it appear that both sides have sustained injuries of different Page No.# 4/4 nature. Learned Additional Public Prosecutor also submits that in pursuant this Court's Order except petitioner no. (4) Shaha Alom, (6) Aymona Khatun and (7) Basiron Nessa, other seven petitioners have appeared before the Investigating Officer and their and statements under Section 161 CrPC were also recorded by the Investigating Officer. I have perused the case diary. Considering the progress made in the investigation and considering the fact that the statement of 7 of the 10 petitioners have already been recorded by the Investigating Officer, the interim anticipatory bail granted to the seven petitioners named above is hereby made absolute with the conditions which were attached, while granting interim anticipatory bail to them. As regards to other three remaining petitioners namely, (4) Shaha Alom,

(6) Aymona Khatun and (7) Basiron Nessa, they are directed to appear before the Investigating Officers of Kalgachia Police Station case No. 61/2023 within a period of 10 days from date of this order and in case, they appear as directed, in the event of their arrest in connection with Kalgachia Police Station case No. 61/2023, they shall be allowed to go on bail of Rs. 25,000/- (Rupees Twenty Five Thousand only) each, with one surety of like amount to the satisfaction of the arresting authority subject to the condition that they shall co-operate with the Investigating Officer in fair completion of the investigation. With the above observation, the anticipatory bail application is hereby disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010108302023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1838/2023o ALIoHUSSAINoANDo9oORSo S/OoKOBEDoALIo VILL-oLATEoKHUDRAKHOWAo P.S.oKALGACHIAo DIST.oBARPETA,oASSAMo PIN-781321 2:oJIARULoHOQUE oS/OoNASIRoUDDINo VILL-oLATEoKHUDRAKHOWAo P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-781321 3:oNASIRoUDDIN oS/OoLATEoMAMUDoALIo VILL-oLATEoKHUDRAKHOWAo P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-781321 4:oSHAHAoALOM oS/OoLATEoMAMUDoALIo VILL-oLATEoKHUDRAKHOWAo P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-781321 5:oKOBEDoALI oS/OoLATEoKASHIMUDDINo VILL-oLATEoKHUDRAKHOWAo PageoNo.#o2/4 P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-781321 6:oAYMONAoKHATUN oW/OoKOBEDoALIo VILL-oLATEoKHUDRAKHOWAo P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-781321 7:oBASIRONoNESSA oW/OoNASIRoUDDINo VILL-oLATEoKHUDRAKHOWAo P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-781321 8:oIMANoALI oS/OoLATEoKASHIMUDDINo VILL-oLATEoKHUDRAKHOWAo P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-781321 9:oJAHIDULoISLAM oS/OoLATEoKASHIMUDDINo VILL-oLATEoKHUDRAKHOWAo P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-781321 10:oJAHANoUDDIN oS/OoLATEoMAMUDoALIo VILL-oLATEoKHUDRAKHOWAo P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-78132o VERSUSo THEoSTATEoOFoASSAMo Page No.# 3/4 REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA