Jalal Ali v. The State of Assam

ORDER Date : 16.09.2024 Heard Mr. HR Choudhury, learned counsel appearing for the petitioners as well as Mr. K,K. Parasar, learned Additional Public Prosecutor for the State of Assam.

¶2This is a common order for these two bail applications.

¶3These applications are filed under Section 482 of the BNSS, 2023, whereby the petitioners have prayed for releasing them on bail in connection with Mangaldoi P.S. Case No. 131/2024.

¶3On the day of occurrence, a large group of people had come to the house of the informant. The people were armed with dangerous weapons like dao, dagger etc. There was a big fight between both sides. In that incident one person, namely, Aribuddin lost his life.

¶4Mr. Choudhury has submitted that the people, who had come to the house of the informant were members of a gang of dacoits. Mr. Choudhury has pointed out to different newspaper reports available in the record.

¶5I have considered the submissions made by the learned counsels of both sides. I have also gone through the case diary. Page No.# 3/3

¶6Be that as it may, there are no incriminating materials in the case diary regarding the petitioners, namely, Khajen Ali and Shahjan Ali. Therefore, they need not be arrested in this case. Therefore, their bail application is allowed.

¶6It is hereby directed that in the event of arrest in connection with Mangaldoi P.S. Case No. 131/2024, the petitioners, namely, Khajen Ali and Shahjan Ali shall be released on bail of Rs. 25,000/- each with a surety of like amount to the satisfaction of the arresting authority.

¶7The petitioners are directed to appear before the Investigating Officer as and when required.

¶8So far as the petitioner, Jalal Ali is concerned, there are incriminating materials in the case diary regarding the petitioner, Jalal Ali. Therefore, his bail application is rejected. With the aforesaid direction, both the bail applications are disposed of. The CD (s) shall be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010148062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2012/2024 KHAJEN ALI AND ANR. S/O ALKAS UDDIN VILL- GADHOWA CHAPORI BADAMER CHAR, P.O., P.S. MANGALDAI DIST. DARRANG, ASSAM 2: SHAHJAHAN ALI S/O ALKAS UDDIN VILL- GADHOWA CHAPORI BADAMER CHAR P.O. P.S. MANGALDAI DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR Advocate for the Respondent : PP, ASSAM, Linked Case : AB/1928/2024 JALAL ALI S/O MAJID ALI VILL- SINGIMARI KUCHGAON P.O. KACHARICHAR P.S. DEKIAJHULI DIST. SONITPUR Page No.# 2/3 ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR H R CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA