Ahej Uddin and 14 Ors v. The State of Assam

ORDER Date : 13-06-2023

¶1Heard Mr. F Haque, learned counsel for the petitioners. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This petition has been filed by the petitioners namely, 1. Ahej Uddin, 2. Haidor Ali, 3. Sahab Ali @ Saheb Ali, 4. Khabar Ali @ Khaibor Ali, 5. Safiqul Islam, 6. Samad Ali, 7. Ajahar Ali, 8. Fulchan Ali, 9. Ajgar Ali,

¶10Abdul Maji @ Majid Ali, 11. Jahanur Rahman @ Jahnobi Ali, 12. Bador Uddin @ Bador Ali, 13. Karim Ali, 14. Jaynal Ali and 15. Jamal Ali, seeking anticipatory bail as they are apprehending arrest in connection with Sualkuchi River Police Station Case No. 21/2023 under Sections 436/506/34 of the IPC.

¶3The counsel for the petitioners submits that in the said FIR, the informant had alleged that the accused named in the FIR had threatened the informant and his family members asking them to remove their houses from the place where it is situated and if the same is not done, then the houses of the informant and other family members will be set on fire and they will also be killed. It is alleged that on 01.03.2023, in the evening at 05:00 pm, the accused persons had set fire on three houses belonging to the informant's elder brother. Thereafter, investigation was initiated against the accused persons named in the FIR. Apprehending arrest, the present bail petition has been filed by the 15 (fifteen) accused persons named in the FIR. Page No.# 5/6

¶4This Court had called for the case diary. The learned Additional Public Prosecutor has produced the case diary and the same is carefully perused.

¶5Upon due perusal of the case diary, no incriminating material, at this stage of investigation has been found to arrest the petitioners. In the event, the petitioners are granted anticipatory bail, the investigation so carried on will not be hampered. Accordingly, the petitioners are granted anticipatory bail.

¶6Therefore, in the event of the petitioners arrest in connection with the aforementioned case, they be released on a bail bond of Rs.30,000/-each with a local surety each of like amount to the satisfaction of the Arresting Authority. The bail granted however, is subject to the following conditions:-

(i) That the petitioners shall appear before the Investigating Officer within 7(seven) days from today and co-operate in the investigation as and when required;

(ii) The petitioners shall not move out of the jurisdiction of the concerned police station, without prior written permission from the concerned Police Station.

(iii) That the petitioners shall not hamper or tamper with the investigation in any manner; and

(iv) That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

¶7If any of the conditions are found to be violated then the Investigating Page No.# 6/6 Officer shall be at liberty to seek cancellation of the bail granted to the petitioner.

¶8Anticipatory bail petition is accordingly disposed of. Return the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010115612023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1909/2023o AHEJoUDDINoANDo14oORSo S/OoLATEoABDULoALIo R/OoVILL-oJAHERPURo P.S.oCHHAYGAONo DIST.oKAMRUP,oASSAM 2:oHAIDORoALI oS/OoLATEoAROBoALIo R/OoVILL-oJAHERPURo P.S.oCHHAYGAONo DIST.oKAMRUP oASSAM 3:oSAHABoALIo@oSAHEBoALI oS/OoAHEJoUDDINo R/OoVILL-oJAHERPURo P.S.oCHHAYGAONo DIST.oKAMRUP oASSAM 4:oKHABARoALIo@oKHAIBORoALI oS/OoLATEoINAMoALIo R/OoVILL-oJAHERPURo P.S.oCHHAYGAONo DIST.oKAMRUP oASSAM 5:oSAFIQULoISLAM oS/OoTAHEJoUDDINo R/OoVILL-oJAHERPURo PageoNo.#o2/6 P.S.oCHHAYGAONo DIST.oKAMRUP oASSAM 6:oSAMADoALI oS/OoAJIToMULLAHo R/OoVILL-oJAHERPURo P.S.oCHHAYGAONo DIST.oKAMRUP oASSAM 7:oAJAHARoALI oS/OoSAMADoALIo R/OoVILL-oJAHERPURo P.S.oCHHAYGAONo DIST.oKAMRUP oASSAM 8:oFULCHANoALI oS/OoSAMADoALIo R/OoVILL-oJAHERPURo P.S.oCHHAYGAONo DIST.oKAMRUP oASSAM 9:oAJGARoALI oS/OLATEoJULHASHoALIo R/OoVILL-oJAHERPURo P.S.oCHHAYGAONo DIST.oKAMRUP oASSAM 10:oABDULoMAJIo@oMAJIDoALI oS/OoLATEoJULHASHoALIo R/OoVILL-oJAHERPURo P.S.oCHHAYGAONo DIST.oKAMRUP oASSAM 11:oJAHANURoRAHMANo@oJAHNOBIoALI oS/OoLATEoSAYEDoALIo R/OoVILL-oJAHERPURo Page No.# 3/6 P.S. CHHAYGAON DIST. KAMRUP ASSAM 12: BADOR UDDIN @ BADOR ALI S/O LATE SURHAB ALI R/O VILL- JAHERPUR P.S. CHHAYGAON DIST. KAMRUP ASSAM 13: KARIM ALI S/O LATE SABDER ALI R/O VILL- JAHERPUR P.S. CHHAYGAON DIST. KAMRUP ASSAM 14: JAYNAL ALI S/O JAMAL ALI R/O VILL- JAHERPUR P.S. CHHAYGAON DIST. KAMRUP ASSAM 15: JAMAL ALI S/O LATE SAHOR ALI R/O VILL- JAHERPUR P.S. CHHAYGAON DIST. KAMRUP ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE Advocate for the Respondent : PP, ASSAM Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA