Illias Ali @ Ilias Rahman v. The State of Assam and Anr

O R D E R

07.08.2024

Heard Mr. M. Islam, learned counsel for the petitioners, namely, Illias Ali @ Ilias Rahman, Md. Soleman Sk @ Soleman Sk, Md. Sanowar Hussain @ @ Sanowar Ali, Akhirul Islam and Sultan Amin, who have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail, as they are apprehending arrest in connection with Mankachar Police Station Case No.127/2024 (corresponding to G.R. Case No. 271/2024) under Sections 148/ 149/341/384/353/507 of the Indian Penal Code.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State. Page No.# 3/3

¶3The FIR unfolds that on 29.05.2024 at about 9.45 P.M., the petitioners were members of a violent mob blocking the stone loaded trucks at Pipulbari Part-IV, Dhanua. A GD entry was registered and then, the informant along with the staff of the outpost rushed to the spot. The miscreants who were members of the mob obstructed the path and demanded money from the drivers of the trucks. Meanwhile, the OC of Mankachar P.S. along with the staff, I/C of Kharubandha OP along with the staff and DySP Anshul Sharma arrived at the spot and requested the mob to clear the road. Efforts were made by the policemen to disburse the mob but the mob turned violent and began pelting stones on the police team, deterring the police from discharging their duties. The situation escalated, posing a serious threat to the public safety and the well being of the police team, who had to intervene to apprehend two of the individuals involved in the mob.

¶4The learned Addl. P.P. has raised serious objection stating that there are incriminating materials against the petitioners in the case diary.

¶5I have perused the case diary. Indeed there are incriminating materials in the case diary against the petitioners. I have considered the magnitude of the offence. At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioners.

¶6Accordingly, this anticipatory bail application stands rejected at this stage. Send back the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010148102024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1932/2024o ILLIASoALIo@oILIASoRAHMANo S/OoTAIBORoALIo VILL-oPIPULBARIoPART-IV,o P.O.oMANULLAPARAo DIST.oSOUTHoSALMARAoMANKACHAR,oASSAM,oPIN-783135 2:oMD.oSOLEMANoSK.o@oSOLEMANoSK. oS/OoLATEoASHRAFULoSK.o R/OoVILL-oPIPULBARIoPART-IVo P.O.oMANULLAPARAo DIST.oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-783135 3:oMD.oSANOWARoHUSSAINo@oSANOWARoALI oS/OoLATEoSATTARoALIo R/OMANULLAPARAo P.O.oMANULLAPARAo DIST.oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-783135 4:oAKHIRULoISLAM oS/OoYUNUSoALIoSARKARo R/OoVILL-oPIPULBARIo-PART-IV o P.O.oMANULLAPARAo DIST.oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-783135 5:oSULTANoAMIN oS/OoMAJIDoALIo R/OoVILL-oPUPULBARIo Page No.# 2/3 P.O. MANULLAPARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND