Abdul Barek @ Abdul Bareque and 8 Ors v. The State of Assam

ORDER Date : 09.11.2023

Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent who has also submitted the case diary of Barpeta P. S. Case No. 332/2023 and has submitted that though the statement of the present petitioners have already been recorded by the Investigating Officer, however, against the accused petitioner Nos. 2, 3, 4 and 9, there are incriminating material in the case diary and on that ground she opposes the grant of bail to the present petitioners. On the other hand, Mr. S. C. Biswas, learned counsel for the petitioners has submitted that the present petitioners were granted interim anticipatory bail by order dated 14.08.2023 and in pursuant to the directions of this Court, all the petitioners have appeared before the Investigating Officer and have co-operated in the investigation. It is also submitted by the learned counsel for the petitioner that the Court of learned Sessions Judge, Barpeta while granting the anticipatory bail to one of the co-accused, namely, Lakir Hussain has observed after perusal of the case diary that at this stage of investigation, there is no material to implicate the accused persons under Section 382 of the Indian Penal Code. I have considered the submissions made by the learned counsel for both sides and perused the case diary. Though there are incriminating materials against the petitioner nos. 2, 3, 4 and 9 in the case diary, however, considering the fact that the present Page No.# 4/4 petitioners have complied with the order of this Court and have co-operated in the investigation and also considering the fact that their statement have already been recorded by the Investigation Officer under Section 161 of the Code of Criminal Procedure, 1973, this Court is of the considered opinion that their custodial detention may not be necessary for fair completion of the investigation of the case. Therefore, the interim anticipatory bail granted to the petitioners namely, (1) Abdul Barek @ Abdul Bareque, (2) Innas Ali @ Innas Ali Ahmed, (3) Ismail Hussain @ Abdul Ismail Hussain, (4) Iusub Ali, (5) Abdul Gani, (6) Mafiz Uddin @ Mofizul Islam, (7) Rafiqul Ali @ Rafiqul Islam, (8) Siraj Ali @ Shirajul Islam and (9) Safiqul Ali @ Safiqul Islam, by order dated

14.08.2023 is hereby made absolute. With the above observations, this anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010175652023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2825/2023o ABDULoBAREKo@oABDULoBAREQUEoANDo8oORSo S/OoLT.oBASERoGAZUo R/OoVILL-oKAHIKUCHIo MOUZA-NAGAON,oP.S.oANDoDIST.oBARPETA,oASSAM 2:oINNASoALIo@oINNASoALIoAHMED oS/OoLT.oABDULoHAIo R/OoVILL-oKAHIKUCHIo MOUZA-NAGAON oP.S.oANDoDIST.oBARPETA oASSAM 3:oISMAILoHUSSAINo@oABDULoISMAILoHUSSAIN oS/OoLT.oABDULoHAIo R/OoVILL-oKAHIKUCHIo MOUZA-NAGAON oP.S.oANDoDIST.oBARPETA oASSAM 4:oIUSUBoALI oS/OoLT.oABDULoHAIo R/OoVILL-oKAHIKUCHIo MOUZA-NAGAON oP.S.oANDoDIST.oBARPETA oASSAM 5:oABDULoGANI oS/OoLT.oBASERoHAZIo R/OoVILL-oKAHIKUCHIo MOUZA-NAGAON oP.S.oANDoDIST.oBARPETA oASSAM 6:oMAFIZoUDDINo@oMOFIZULoISLAM Page No.# 2/4 S/O LT. ABDUL KASEM R/O VILL- KAHIKUCHI MOUZA-NAGAON P.S. ND DIST. BARPETA ASSAM 7: RAFIQUL ALI @ RAFIQUL ISLAM S/O ABDUL RAHMAN R/O VILL- KAHIKUCHI MOUZA-NAGAON P.S. ND DIST. BARPETA ASSAM 8: SIRAJ ALI @ SHIRAJULISLAM S/O ABDUL KASHEM R/O VILL- KAHIKUCHI MOUZA-NAGAON P.S. ND DIST. BARPETA ASSAM 9: SAFIQUL ALI @ SAFIQUL ISMAIL S/O ABDUL SALAM R/O VILL- KAHIKUCHI MOUZA-NAGAON P.S. ND DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : PP, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA