Hamed Ali v. The State of Assam

ORDER Date : 02-08-2024 Heard Mr. S Nawaz, learned counsel for the petitioner Hamed Ali, who has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as he is apprehending arrest in connection with Hajo Police Station Case No. 132/2024 under Sections 365/376-D of the Indian Page No.# 2/2 Penal Code, 1860.

¶2Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioner is that he along with his co-accused tried to sell the victim and was involved in immoral trafficking.

¶4It is submitted on behalf of the petitioner that the main accused is Asoruddin and the petitioner has been falsely roped in, in connection with this case.

¶5Learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the present petitioner.

¶6I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner.

¶7Petition stands rejected at this stage.

¶8Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010119392024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1554/2024 HAMED ALI S/O IDRISH ALI R/O VILL- NO. 2 BHELENGAMARI, P.S.MUKALMUA DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, SAMIM RAHMAN,MR S A BARBHUYAN,MS SURAYA RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND