Abdul Alim and 4 Ors v. The State of Assam

ORDER Date : 04.10.2024 Since these three bail applications arise out of the same FIR, all the bail applications are taken up together for disposal by this common order.

¶2Heard Mr. A Ahmed, learned counsel appearing for the petitioners. Also heard Mr.R.J. Baruah, learned Additional Public Prosecutor for the state of Assam.

¶3These petitions are filed under Sections 482 & 483 of the BNSS, 2023 seeking regular bail and pre-arrest bail in respect of Manikpur P.S. Case No. 105/2024.

¶4The informant's goat entered into the cultivated land of Abdul Alim. Because of that incident, both the families of the petitioners and the informant had quarrel at about 12 noon. After that, at about 2 PM, Abdul Alim gathered a group of persons in his house armed with weapons. Subsequently they had beaten up Eyasin Ali, the son of the informant and killed Page No.# 4/4 him by assaulting him.

¶5Mr. Baruah has submitted that the witnesses have implicated only two persons, who caused the injuries to the deceased person.

¶6I have considered the submissions made by the learned counsels of both sides.

¶7The petitioners, Esob Ali, Khairun Nessa, Abdul Wahab @ Abdul Barek, Javed Ali and Rejia Khatun, who were arrested in connection with Manikpur P.S. Case No. 105/2024, have already spent 25 days and 65 days in judicial custody, Therefore, they no longer deserve to be detained in custody for any further period of time. Therefore, their bail application is allowed.

¶8It is hereby directed that the three petitioners, namely, Esob Ali, Khairun Nessa, Abdul Wahab @ Abdul Barek, Javed Ali and Rejia Khatun shall be released on bail of Rs. 20,000/- each with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon.

¶9At this stage, there is no incriminating materials against the petitioners, Abdul Alim and Ahiton Nessa @ Wahida Khatun in the case diary. Therefore, this Court is of the opinion that custodial interrogation of the petitioners, Abdul Alim and Ahiton Nessa @ Wahida Khatun is not necessary. It is hereby directed that in the event of arrest in connection with Manikpur P.S. Case No. 105/2024, the petitioners, namely, Abdul Alim and Ahiton Nessa @ Wahida Khatun shall be released on bail of Rs. 25,000/- each with a surety of like amount to the satisfaction of the arresting authority.

¶10The petitioners, Abdul Alim and Ahiton Nessa @ Wahida Khatun are directed to appear before the Investigating Officer within next 10 days from today.

¶11With the aforesaid direction, all the three bail applications are disposed of.

¶12The CD (s) shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010188302024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2432/2024o ABDULoALIMoANDo4oORSo S/OoESOBoALIo R/OoVILL-oABADIoGAONo P.S.oMANIKPURo DIST.oBONGAIGAON,oASSAM 2:oAHITONoNESSAo@oWAHIDAoKHATUN oW/OoABDULoALIMo R/OoVILL-oABADIoGAONo P.S.oMANIKPURo DIST.oBONGAIGAON oASSAM 3:oRAJOBoALI oS/OoLATEoRUSTOMoALIo R/OoGOBARDHANAo P.S.oGOBARDHANAo DIST.BAKSA oASSAM 4:oJAVEDoALI oS/OoFULSONoMIYAo R/OoVILL-oABADIoGAONo P.S.oMANIKPURo DIST.oBONGAIGAON oASSAM 5:oREJIYAoKHATUN oW/OoJAVEDoALIo R/OoVILL-oABADIoGAONo P.S.oMANIKPURo DIST.oBONGAIGAON oASSAo Page No.# 2/4 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2675/2024 ESOB ALI AND 2 ORS. S/O LT. RUSTOM ALI R/O VILL- ABADI GAON P.S.-MANIKPUR DIST- BONGAIGAON (ASSAM) 2: KHAIRUN NESSA W/O ESOB ALI R/O VILL- ABADI GAON P.S.-MANIKPUR DIST- BONGAIGAON (ASSAM) 3: ABDUL WAHAB @ ABDUL BAREK S/O ESOB ALI R/O VILL- ABADI GAON P.S.-MANIKPUR DIST- BONGAIGAON (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./3094/2024 Page No.# 3/4 JAVED ALI AND ANR S/O LATE FULSHAN ALI R/O VILLAGE ABADI GAON PS. MANIKPUR DISTRICT BONGAIGAON ASSAM 2: REJIA KHATUN W/O JAVED ALI R/O VILLAGE ABADI GAON PS. MANIKPUR DISTRICT BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA