Ukil Ali @ Ukil Hussain and 2 Ors v. The State of Assam and Anr

ORDER Date : 16-07-2024 Heard Mr. G. Chamuah, learned counsel for the petitioners namely 1. Ukil Ali @ Ukil Hussain, 2. Aminur Sheikh @ Aminul Ali and 3. Sumar Ali @ Samir Ali.

¶2The petitioners have filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as they are apprehending arrest in connection with Kokrajhar Police Station Case No. 28/2024 under Sections 109/376 of the Indian Penal Code, 1860 corresponding to G.R. No. 52/2024.

¶3Heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioners is that the petitioner No. 2 was present when the accused No. 1 Rafikul Islam committed rape on the victim. The other petitioners also abetted in the commission of the alleged offence.

¶5The learned Additional Public Prosecutor has raised objection stating that there are some materials against the petitioner No. 2 in the Case Diary.

¶6I have perused the Case Diary.

¶7The merits of this case are not brought to the fore as this case is still under investigation. The main accused is the accused No. 1 Rafikul Islam named Page No.# 3/3 in the FIR. Investigation has progressed to a considerable extent. The statement of the victim has been recorded under Section 164 of the CrPC. It appears that custodial interrogation may not be required. The petitioners are local residents and they are not flight risks. Moreover, the petitioners have pledged to cooperate with the remaining part of the investigation.

¶8Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶9In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

(i) The petitioners shall appear before the Investigating Officer within 7(Seven) days and cooperate with investigation.

(ii) The petitioners shall not exercise threats to witnesses or tamper with the evidences and,

(iii) the petitioners shall not leave the jurisdiction of the Court without prior permission.

¶10On breach of any of the bail conditions, bail order shall stand cancelled.

¶11In the above terms this Anticipatory Bail application stands disposed of.

¶12Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010111972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1473/2024o UKILoALIo@oUKILoHUSSAINoANDo2oORSo S/OoDELDARoALI,oR/OoVILL-oNALBARI,oP.O.-SILGARA,oP.S.oANDoDIST- KOKRAJHAR,oASSAM,oPIN-783348 2:oAMINURoSHEIKHo@oAMINULoALI oS/OoASHANoALI oR/OoVILL-oNALBARI oP.O.-SILGARA oP.S.oANDoDIST-KOKRAJHAR oASSAM oPIN-783348 3:oSUMARoALIo@oSAMIRoALI oS/OoKARIMUDDINoSHEIKH oR/OoVILL-oBAMUNGAON oP.O.-SILGARA oP.S.oANDoDIST-KOKRAJHAR oASSAM oPIN-78334o VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:JALKUMAoBIBI oW/OoSANOWARoSK oR/OoVILL-oBETHAGAON oNALBARI oP.O.-BASHBARI oP.S.-KOKRAJHAR oDIST-oKOKRAJHAR oASSAM oPIN-78333o Page No.# 2/3 Advocate for the Petitioner : MR G CHAMUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND