Hajarat Ali Sheikh @ Hojorot Ali and 9 Ors v. The State of Assam

ORDER Date : 16.09.2024 Heard Mr. T.J. Mahanta, learned Senior Counsel assisted by Mr. H.R. Ahmed appearing for the petitioners. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam as well as Mr. S.K. M. Alomgir, learned counsel appearing for the informant.

¶2This is a common order for all the three bail applications filed under Section 482 & 483 of the BNSS, 2023 seeking pre-arrest bail, regular bail in respect of Bilasipara P.S. Case No. 180/2024.

¶3All the petitioners are relatives of a person called Fazar Ali. He was in love with a girl. It is alleged in the FIR, that on the day of occurrence, Fazar Ali had entered into the house of the girl and forcefully took her away and thereafter, committed rape upon her.

¶4It is further alleged that on the next day, Fazar Ali had killed the girl by throttling her neck with a piece of cloth.

¶5After his arrest, Fazar Ali confessed before police that he had killed the girl. There is a witness examined by police, who stated that at the relevant time of occurrence something was going on inside the house of Fazar Ali, but she was not allowed to enter into the house of Fazar Ali.

¶6It may be stated that the petitioners, Najesh Ali @ Nojesh Ali and Sakina Bibi was Page No.# 5/5 earlier granted interim bail and pursuant to the interim bail order, Najesh Ali has appeared before the police and co-operated with the investigation. But the petitioner Sakina Bibi is yet to appear.

¶7Apart from the aforesaid facts, the case diary does not have sufficient materials to implicate the present petitioners with the murder of the victim girl.

¶8Therefore, the pre-arrest bail prayer of Hajarat Ali Sheikh @ Hojorot Ali, Abushama Ali @ Abu Shama, Nur Salam Ali @ Nur Salam, Jahan Uddin, Jakir Hussain, Ashidul Islam @ Rashidul is allowed. i

¶9It is hereby directed that in the event of arrest in connection with Bilasipara P.S. Case No. 180/2024, the petitioners, Hajarat Ali Sheikh @ Hojorot Ali, Abushama Ali @ Abu Shama, Nur Salam Ali @ Nur Salam, Jahan Uddin, Jakir Hussain, Ashidul Islam @ Rashidul shall be released on bail of Rs. 20,000/- each with a surety of like amount to the satisfaction of the arresting authority.

¶10The interim bail granted in favour of the petitioners, Najesh Ali @ Nojesh Ali and Sakina Bibi on 14.08.2024 is hereby made absolute.

¶11The petitioners, Sahar Ali @ Sohor Ali, Noser Ali and Ibrahim Ali are allowed to go on bail of Rs. 25,000/- each with a surety of like amount to the satisfaction of the learned SDJM, Bilasipara, With the aforesaid direction, all the three bail applications are disposed of. The CD (s) shall be returned.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC010166662024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2480/2024 SAHAR ALI @ SOHOR ALI S/O LT. ABDUL MANNAN @ MANNAN ALI, VILL- SUAPATA PT. IV, P.O.- SUAPATA, P.S.-BILASIPARA, DIST- DHUBRI, ASSAM, PIN-783348 REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD H R AHMED, M BEGUM,MR J ISLAM Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2121/2024 HAJARAT ALI SHEIKH @ HOJOROT ALI AND 9 ORS S/O NAJESH ALI R/O VILL- SUAPATA PT.IV P.O. SUAPATA P.S. BILASIPARA DIST. DHUBRI ASSAM 2: IBRAHIM ALI S/O SAFER ALI R/O VILL- SUAPATA PT.IV P.O. SUAPATA P.S. BILASIPARA DIST. DHUBRI PageoNo.#o2/5 oASSAMo o3:oABUSHAMAoALIoALIASoABUoSHAMA S/OoSAFERoALIo R/OoVILL-oSUAPATAoPT.IV o P.O.oSUAPATAoP.S.oBILASIPARAo DIST.oDHUBRI oASSAMo o4:oNURoSALAMoALIoALIASoNURoSALAM S/OoLT.oABDULoMANNANo@oMANNANoALIo R/OoVILL-oSUAPATAoPT.IV o P.O.oSUAPATAoP.S.oBILASIPARAo DIST.oDHUBRI oASSAMo o5:oNASERoALIo@oNOSERoALI S/OoLT.oABDULoMANNANo@oMANNANoALIo R/OoVILL-oSUAPATAoPT.IV o P.O.oSUAPATAoP.S.oBILASIPARAo DIST.oDHUBRI oASSAMo o6:oJAHANoUDDIN S/OoLT.oABDULoMANNANo@oMANNANoALIo R/OoVILL-oSUAPATAoPT.IV o P.O.oSUAPATAoP.S.oBILASIPARAo DIST.oDHUBRI oASSAMo o7:oJAKIRoHUSSAIN S/OoSAHARoALIo R/OoVILL-oSUAPATAoPT.IV o P.O.oSUAPATAoP.S.oBILASIPARAo DIST.oDHUBRI oASSAMo Page No.# 3/5 8: ASHIDUL ISLAM ALIAS RASHIDUL S/O JAHAN UDDIN R/O VILL- SUAPATA PT.IV P.O. SUAPATA P.S. BILASIPARA DIST. DHUBRI ASSAM 9: NAJESH ALI ALIAS NOJESH ALI S/OLT. ABDUL MANNAN @ MANNAN ALI R/O VILL- SUAPATA PT.IV P.O. SUAPATA P.S. BILASIPARA DIST. DHUBRI ASSAM 10: SAKINA BIBI W/O NAJESH ALI R/O VILL- SUAPATA PT.IV P.O. SUAPATA P.S. BILASIPARA DIST. DHUBRI ASSAM REP BY THE PP ASSAM ------------ Advocate for : MD H R AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./2676/2024 NOSER ALI AND ANR S/O LATE ABDUL MANNAN @ MANNAN ALI RESIDENT OF SAUPATA PT IV (SHEKHAPARA) PO SUAPATA PS BILASIPARA DIST DHUBRI ASSAM 783348 2: IBRAHIM ALI S/O SOFER ALI Page No.# 4/5 RESIDENT OF SAUPATA PT IV (SHEKHAPARA) PO SUAPATA PS BILASIPARA DIST DHUBRI ASSAM 783348 REP BY THE PP ASSAM ------------ Advocate for : MD H R AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA