Raju Ahmed @ Raju Ali and 8 Ors v. The State of Assam

ORDER Date : 11.09

. 2024

¶1Heard Mr. F. Hussain, learned counsel for the petitioners, (1) Raju Ahmed @ Raju Ali, (2) Chaddam Ali @ Saddan Ali, (3) Nasibuddin Ahmed @ Saru Ali,

(4) Raifuddin Ahmed @ Chana Ali, (5) Saifuddin Ahmed @ Saifu Ali, (6) Beki Ali @ Saru Ali, (7) Owaj Ali, (8) Jeherul Ali and (9) Saidul Ali @ Saidur Rahman, who have filed this anticipatory bail application under Section 438 of Cr.P.C., 1973, with prayer for granting them pre-arrest bail in connection with Hajo P. S. Case No. 124/2024 under Sections 143/ 147/ 447/ 326/ 325/307/ 354/ 341/ 379/ 427 IPC.

¶2Also heard Mr. D. Das , learned Addl. Public Prosecutor for the State respondent.

¶3The case diary as called for is received and perused.

¶4The allegation against the petitioners is that the petitioners armed with dao, axe, stones and sticks etc. forcefully entered into the premises of the complainant and then damaged the gate, wall etc. Page No.# 4/5

¶5When the family members tried to resist, the petitioners assaulted them causing grave injuries.

¶6The petitioners have also molested the victims 'X' and 'Y' and ripped of their garments. On the next morning, the petitioners snatched away Rs. 20,000/- from the informant's elder brother Samsul Hoque, who was carrying the money for treatment of his injured brother, Ainul Haque at Barpeta Civil Hospital.

¶7Raju Ali also stabbed Ainul Hoque with a sharp weapon.

¶8Meanwhile, the police was informed.

¶9It is further submitted on behalf of the petitioners that the co-accused have already been enlarged on bail vide order dated 24.05.2024 in connection with Bail Application No. 1462/ 2024 and Bail Application No. 1331/ 2024.

¶10It was observed in the aforementioned bail applications that injured persons sustained minor injuries.

¶11The petitioners have pledged to co-operate with the investigation and they have prayed for bail.

Page No.# 5/5

¶12The learned Addl. Public Prosecutor has submitted that indeed there was an assault, but the injury sustained by the victims is simple in nature.

¶13I have scrutinized the case diary and it is found that the victims sustained minor injuries. The petitioners are willing to co-operate with the investigation and they will abide by any conditions imposed upon them.

¶14The petitioners are local residents and they are not a flight risks.

¶15In view of the foregoing discussion, interim order dated 07.06.2024 is hereby made absolute subject to the conditions contained in the interim order.

¶16The bail application is disposed of.

¶17Send back the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010163852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooCaseo:oAB/1493/2024 RAJUoAHMEDo@oRAJUoALIoANDo8oORS S/OoGONIoALI oR/OoBARNI oKHALIFAoCHUPA oP.S.-HAJO oDIST-oKAMRUP oASSAM 2:oCHADDAMoALIo@oSADDAMoALI S/OoSULTANoALI oR/OoBARNI oKHALIFAoCHUPA oP.S.-HAJO oDIST-oKAMRUP oASSAM o3:oNASIBUDDINoAHMEDo@oSARUoALI S/OoSULTANoALI oR/OoBARNI oKHALIFAoCHUPA oP.S.-HAJO oDIST-oKAMRUP oASSAM o4:oRAIFUDDINoAHMEDo@oCHANAoALI S/OoILLIASoALI oR/OoBARNI oKHALIFAoCHUPA oP.S.-HAJO oDIST-oKAMRUP oASSAM o5:oSAIFUDDINoAHMEDo@oSAIFUoALI Page No.# 2/5 S/O MOHAMMAD ALI R/O BARNI KHALIFA CHUPA P.S.-HAJO DIST- KAMRUP ASSAM 6: BEKI ALI @ SARU ALI S/O SAIFUDDIN ALI R/O BARNI KHALIFA CHUPA P.S.-HAJO DIST- KAMRUP ASSAM 7: OWAJ ALI S/O ANAR ALI R/O BARNI KHALIFA CHUPA P.S.-HAJO DIST- KAMRUP ASSAM 8: JEHERUL ALI S/O OWAJ ALI R/O BARNI KHALIFA CHUPA P.S.-HAJO DIST- KAMRUP ASSAM 9: SAIDUL ALI @ SAIDUR RAHMAN S/O OWAJ ALI R/O BARNI KHALIFA CHUPA P.S.-HAJO DIST- KAMRUP ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR S M ABDULLAH P Advocate for : PP Page No.# 3/5 ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND