Ajgar Ali v. The State of Assam

ORDER Date : 20-06-2023

Heard Mr. A. Paramanik, learned counsel for the petitioner.

¶2Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State of Page No.# 2/3 Assam.

¶3By this application under section 438 Cr.P.C., the petitioner namely, Ajgar Ali praying for pre-arrest bail as he is apprehending arrest in connection with Kachumara P.S. Case No. 23/2023, under sections 120(B)/147/148/149/448/ 326/302 of I.P.C.

¶4I have considered the submissions at the bar with circumspection and I have also perused the case dairy.

¶5The FIR unfolds that on 29.03.2023 at about 10 am the accused named in the FIR and along with 40 persons armed with dao, axe, dagger, Iron Yokes etc. entered into the land of Hanif Ali. Then Sofiqul Islam along with elder brother Azizul Hoque and Jakir Hussain were ploughing their land nearby. Thereafter, a fight broke out regarding the land in dispute and the accused persons named in the FIR attacked Azizul Hoque causing injuries on his mouth and neck with dao and dagger and pushed him to the ground. Then Sofiqul Islam came to the spot and the accused also assaulted him with sharp weapons. Later on, the villagers took Azizul Hoque to the hospital but on the way, he succumbed to his injuries, Jakir Hussain also died on his way to GMCH.

¶6The learned APP has submitted that there are incriminating materials against the accused Billal Hussain that the fatal injury was caused by the accused Billal Hussain.

¶7I have perused the submission of the witnesses under section 161 Cr.P.C. The present petitioner was present amongst the mob.

¶8It appears that custodial interrogation of the present petitioner may not be required for the progress of investigation. In view of my foregoing discussions the petition is allowed.

¶9In the event of arrest, the petitioner namely, Ajgar Ali shall be enlarged on Page No.# 3/3 bail on furnishing a bail bond of Rs.50,000/-(Rupees Fifty Thousand) with one suitable surety of like amount to the satisfaction of the arresting authority, in connection with Kachumara P.S. Case No. 23/2023, under sections 120(B)/147/148/149/448/326/302 of I.P.C.

¶10The bail is granted on the following conditions:

¶1That the petitioner will refrain from such activities with which he is alleged;

¶2that the petitioner will appear before the I.O within 7 days from the date of this order and co-operate with the investigation;

¶3that the petitioner shall not leave the territorial jurisdiction without prior permission till completion of the trail;

¶4the petitioner will not hamper or tamper with the evidence or exercise threats to any witnesses. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010084972023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2122/2023 AJGAR ALI S/O INNAS ALI R/O PANIKHETRI P.O. MAHTOLI P.S. BOKO DIST. KAMRUP ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. A PARAMANIK Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND