Afsar Ali and 3 Ors v. The State of Assam

ORDER

24.06.2024

¶1Heard learned counsel Mr. M. A. Sheikh for the petitioners, namely (i) Afsar Ali, (ii) Fulchan Ali, (iii) Anowara Khatun and (iv) Kulsum Khatun @ Umme Kulsum.

¶2This application has been filed by the petitioners under Section 438 of the Cr. PC, with prayer for pre arrest bail in connection with Dhubri P. S. Case No. 112/2024, corresponding to G. R. Case No. 371/2024 under Sections 120(B)/341/326/307/294/354(B)/506 of the IPC.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam.

¶4I have considered the submissions at the Bar with circumspection.

¶5The learned counsel for the petitioners has submitted that serious allegations have been raised against accused no. 2 Faruk who is not a petitioner in this case.

¶6The allegations against all the accused is that when the informant tried to defend the assault, the petitioners outraged her modesty, and thereafter, the petitioners also threatened her. The accused no. 2 Faruk hit her husband on his head, which rendered him unconscious. It is also submitted on behalf of the petitioners that the petitioner Fulchan Ali has filed a petition under Section 107/144 of the Cr.PC against the informant and her husband as they tried to Page No.# 3/4 encroach upon his land. It is also submitted that on account of this land dispute a false case has been filed against the petitioners.

¶7Learned Additional Public Prosecutor, Mr. B. B. Gogoi has submitted that there are incriminating materials against the petitioner in the Case Diary. There are not only incriminating materials against the accused Faruq but there are also incriminating materials against the petitioner No. 1.

¶8I have scrutinized the Case Diary. There are incriminating materials against all the petitioners but the prime accused appears to be Faruq.

¶9Investigation has also progressed to a considerable extent. It is true that the petitioners have been involved in an offence of grave nature but I have considered the submissions of the petitioners that they are willing to co-operate with the remaining part of the investigation and abide by any stringent bail conditions.

¶10I have also considered the submissions that serious allegations are basically

directed

towards

Faruq. The petitioners have appeared before the Investigating Officer and their statements have been recorded. They have not violated any bail conditions.

¶11Considering all aspects and in view of my foregoing discussions, interim order dated 05.06.2024 is hereby made absolute.

¶12The petitioners are to abide by bail conditions imposed upon them vide order dated 05.06.2024.

¶13Send back the Case Diary. JUDGE Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010110142024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1467/2024o AFSARoALIoANDo3oORS.o S/OoFULCHANoALIo@oFULCHANDoALI,oR/OoVILL-oFALIMARIoPART-I,oP.S.o ANDoDIST-oDHUBRI,oASSAM,oPIN-783325 2:oFULCHANoALIo@oFULCHANDoALI oS/OoSOBURoUDDIN oR/OoVILL-oFALIMARIoPART-I oP.S.oANDoDIST-oDHUBRI oASSAM oPIN-783325 3:oANOWARAoKHATUN oW/OoFULCHANoALIo@oFULCHANDoALI oR/OoVILL-oFALIMARIoPART-I oP.S.oANDoDIST-oDHUBRI oASSAM oPIN-783325 4:oKULSUMoKHATUNo@oUMMEoKULSUM oD/OoFULCHANoALIo@oFULCHANDoALI oR/OoVILL-oFALIMARIoPART-I oP.S.oANDoDIST-oDHUBRI oASSAM oPIN-783325o(BEINGoMINORoREPRESENTEDoBYoHERoFATHERoANDo NATURALoGUARDIANoNAMELY oFULCHANoALIo@oFULCHANDoALIo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM Page No.# 2/4 Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND