Meher Ali and Anr v. The State of Assam

ORDER Date : 28-06-2024 Heard Mr. T.J. Mahanta, learned Senior Counsel for the petitioners 1. Meher Ali and 2. Rahim Ali.

¶2The petitioners have filed this application under Section 438 of the Code of Page No.# 2/3 Criminal Procedure, 1973 with prayer for pre-arrest bail as they are apprehending arrest in connection with Jalukbari Police Station Case No. 282/2024

(G.R.

No.

3308/2024),

under

Sections 120(B)/427/294/341/325/326/379/506/34 of the Indian Penal Code, 1860.

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

¶4The FIR unfolds that Sumit Ali @ Samed Ali used to park his vehicle 'Chota Hathi' in the Tiles Godown located near Ganga Petrol Pump at Jalukbari. On

04.06.2024, at about 2 AM midnight Sumit Ali @ Samed Ali broke into the parking lot and took out is vehicle. The Supervisor of the Godown Irfan Ali reprimanded Samed Ali @ Sumit Ali and asked him to purchase one lock. Then on 06.06.2024, at about 3 PM, Samed Ali @ Sumit Ali called Irfan Ali to his room for a discussion. When Irfan Ali went to Samed Ali @ Sumit Ali's room, he was attacked by Samed Ali @ Sumit Ali as well as the accused named in the FIR who acted in a premeditated manner. The victim Irfan Ali then raised alarm and then his brother Raj Bhujel, staff Raj Senapati and others including Samarjit Rajbongshi and Rahul Das came to his rescue and they were also assaulted in the process.

¶5The learned Additional Public Prosecutor has stated that there are incriminating materials in the Case Diary against the accused No. 1 Sumit Ali @ Samed Ali. Injury sustained by Irfan Ali is simple in nature whereas the injury sustained by Raj Senapati is not simple in nature and caused by a sharp weapon.

¶6I have considered the submissions at the bar with circumspection. I have scrutinized the Case Diary. Investigation has progressed to a considerable Page No.# 3/3 extent. It appears that custodial interrogation may not be required for the progress of investigation. The petitioners are willing to cooperate with the remaining part of the investigation and to abide by any stringent bail conditions.

¶7Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶8In 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.

¶9In the above terms, this Anticipatory Bail application stands disposed of.

¶10Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010119602024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1563/2024 MEHER ALI AND ANR. S/O LATE HUKUM ALI, P/R/O VILL- SATRA KANARA, P.O.-SATRA KANARA, DIST-BARPETA, ASSAM, PIN-781308 2: RAHIM ALI S/O LATE HUKUM ALI P/R/O VILL- SATRA KANARA P.O.-SATRA KANARA DIST-BARPETA ASSAM PIN-78130 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD. S ALOM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND