Hamed Ali and 5 Ors v. The State of Assam

ORDER Date : 25-07-2024 Heard Mr. H.R.A. Choudhury, learned Senior Counsel for the petitioners 1. Hamed Ali, 2. Eajajul Hoque, 3. Abu Bakkar @ Abu Bakkar Sk., 4. Baniya Sk. 5. Hakim Ali Sk. and 6. Ukil Ali Sk. @ Ukil Sk., who have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are apprehending arrest in connection with Tamarhat Police Station Case No. 52/2024, corresponding to GR No. 732/2024 under Sections 147/148/342/326/379 of the Indian Penal Code, 1860.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioners is that on 23.06.2024 at about 8 PM, Page No.# 3/4 there was an altercation between the informant's younger brother Ajibar Ahmed and the accused No. 1 (Ajijul Hoque) named in the FIR. Subsequent to this incident, the accused in the FIR, armed with dangerous weapons attacked Ajibar Ahmed (brother of the informant) and Abdullah Ahmed in the Haripur New Market causing grave injuries on the vital parts of their body. The petitioners have also caused injuries on the informant's father.

¶4It is submitted on behalf of the petitioners that it is not possible that all the petitioners have caused injuries, sustained by the injured person. The learned Senior Counsel on behalf of the petitioners has submitted that the petitioners have no role in inflicting injuries as alleged on the injured persons. There is a land dispute prevailing between both the parties and a false case has been slammed against the petitioners to wreak vengeance. It is also submitted on behalf of the petitioners that the dispute was basically between Ajibar Ahmed and Ajijul Hoque relating to a Club.

¶5The learned Additional Public Prosecutor has submitted that Ajibar Ahmed has sustained grievous injures on his head and other parts of his body but ironically, the nature of the injuries was not mentioned by the MO. Abdullah Ahmed has also sustained cut injures on his head. It is further submitted by the learned Additional Public Prosecutor that there are incriminating materials in the Case Diary against the petitioners.

¶6I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. There are indeed incriminating materials in the Case Diary against the petitioners. At this juncture there appears to be no justified ground to extent the privilege of anticipatory bail to the petitioners as this case is still under investigation. The merits of the case are not brought to the fore. Page No.# 4/4

¶7Petition stands rejected at this stage.

¶8Send back the Case Diary.

¶9In terms of the above observations, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010139072024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1798/2024o HAMEDoALIoANDo5oORS.o S/OoLT.oTAJERoALI,oVILL-oHARIPURoPART-I,oP.S.-TAMARHAT,oDIST-oDHUBRI,o ASSAM,oPIN-783333 2:oEAJAJULoHOQUE oS/OoKAJERoALI oVILL-oHARIPURoPART-I oP.S.-TAMARHAT oDIST-oDHUBRI oASSAM oPIN-783333 3:oABUoBAKKARo@oABUoBAKKARoSK oS/OoSAHERoALIoSK. oVILL-oHARIPURoPART-I oP.S.-TAMARHAT oDIST-oDHUBRI oASSAM oPIN-783333 4:oBANIYAoSK oS/OoSAHERUDDINoSK oVILL-NATABARI oP.S.-TAMARHAT oDIST-DHUBRI oASSAM oPIN-783333 5:oHAKIMoALIoSKK.o@oHAKIMoSK. oS/OoBANIYAoSK. oVILL-NATABARI oP.S.-TAMARHAT oDIST-DHUBRI oASSAM Page No.# 2/4 PIN-783333 6: UKIL ALI SK @ UKIL SK S/O BANIYA SK VILL-NATABARI P.S.-TAMARHAT DIST-DHUBRI ASSAM PIN-78333 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND