Jubbar Ali and 5 Ors v. The State of Assam

ORDER Date : 22.10.2024

Heard Mr.HRA Choudhury, learned Senior Counsel assisted by Mr. M. Hussain, learned counsel appearing for the petitioners and Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the state of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of Hajo P.S. Case No. 272/2024. Page No.# 3/3

¶3The present petitioners are parents and relatives of a person called Shahid Nazir. Shahid Nazir was having a relationship with a girl called Lilima Khatun. It is alleged by Lilima Khatun that she was made pregnant by Shahid Nazir and Shahid Nazir had aborted her pregnancy. The girl has alleged that Shahid Nazir did so because he did not want to marry her.

¶4The victim girl has stated in her statement recorded u/s 164 of the Cr.P.C. that on 13.12.2023, the victim girl was admitted in a hospital, where she came to know that her pregnancy was aborted. On the other hand, the Superintendent of the said hospital has filed a report stating that the victim girl was never admitted in the hospital on that day.

¶5After perusal of the case diary, this Court is of the opinion that since the present petitioners have appeared before the Investigating Officer and have co-operated with the investigation, they do not deserve to be detained in custody. Under the given circumstances of the case, the bail application of the petitioners is allowed.

¶6The interim bail granted in favour of the petitioners on 10.09.2024 is hereby made absolute.

¶7With the aforesaid direction, the bail application stands disposed of. The CD shall be returned.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010182362024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2390/2024o JUBBARoALIoANDo5oORSo S/OoLT.oHAKIMUDDINo@oHAKKUoALIo VILL-oBANGALPARAo P.O.oBHELKARBAZARo P.S.oHAJOo DIST.oKAMRUPo(R),oASSAMo PIN-781102 2:oDILDARoHUSSAINo@oEBADULoALI oS/OoJUBBARoALIo VILL-oBANGALPARAo P.O.oBHELKARBAZARo P.S.oHAJOo DIST.oKAMRUPo(R) oASSAMo PIN-781102 3:oRASHMINAoPARBINo@oRASHMINA oW/OoDILDARoHUSSAINo VILL-oBANGALPARAo P.O.oBHELKARBAZARo P.S.oHAJOo DIST.oKAMRUPo(R) oASSAMo PIN-781102 4:oASHIKoINJAMAMULo@oASHIKoHUSSAINoBULBUL oS/OoAKHTARoHUSSAINo VILL-oBANGALPARAo P.O.oBHELKARBAZARo P.S.oHAJOo DIST.oKAMRUPo(R) oASSAMo PIN-781102 Page No.# 2/3 5: MAINUL HOQUE @ MAINUL ALI S/O NACHER ALI VILL- BANGALPARA P.O. BHELKARBAZAR P.S. HAJO DIST. KAMRUP (R) ASSAM PIN-781102 6: SAIFUL ISLAM @ SAIFUL ALI S/O JAHAR ALI VILL- BANGALPARA P.O. BHELKARBAZAR P.S. HAJO DIST. KAMRUP (R) ASSAM PIN-78110 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR A.K. MOLLAH,MR. M HUSSAIN,MR. R I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA