Rasmil Ali v. The State of Assam

ORDER

08.05.2024

Heard Ms. N.T. Manpoong, learned counsel for the applicant and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State respondent.

¶2This application, under Section 438 of the Code of Criminal Procedure, is preferred by applicant namely, Rasmil Ali, who has been apprehending arrest in connection with Sarthebari P.S. Case No. 94/2023, under Sections 120(B)/365/342 of the IPC, for grant of pre-arrest bail. Page No.# 2/2

¶3The said case was registered on the basis of an FIR lodged by one Amena Begum, on 27.05.2023. The essence of allegations made in the FIR is that on 15.03.2023, the marriage of her daughter was fixed with one Rasmil Ali and as her daughter has not attained majority the marriage was postponed. But, on 09.05.2023, said Rasmil Ali forcefully confined her daughter in his house.

¶4Ms. Manpoong, learned counsel for the applicant submits that this Court was pleased to grant interim protection to the applicant, vide order dated

12.06.2023, and pursuant to the said order, the applicant had appeared before the IO and cooperating with the investigating agency and therefore, it is contended to make the interim order dated 12.06.2023, absolute in the same terms and conditions.

¶5On the other hand, Mr. Gogoi, learned Additional Public Prosecutor submits that he has not received the case diary, but he has the instruction that the I.O. has already completed investigation and laid Charge-Sheet against the applicant, vide Charge-Sheet No. 96/2023, dated 30.06.2023.

¶6In view of above, this Court is inclined to dispose of this anticipatory application by directing the applicant to appear before the learned court below on or before 24.05.2024, and to apply for regular bail and in event of filing such an application, the learned Court below shall consider the same in accordance with law.

¶7Till then, the interim order dated 12.06.2023, stands extended.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010124772023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2065/2023 RASMIL ALI S/O- MASEN ALI, R/O- VILLAGE CHATALA, BARGHOPA, P.S- SARTHEBARI, DIST- BARPETA, ASSAM, PIN-781312 VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM Advocate for the Petitioner : MR. B DEKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN