Ilias Ali @ Ilias Rahman v. The State of Assam

ORDER Date : 03-10-2024 Heard Mr. H.R.A. Choudhury, learned Senior Counsel for the petitioner, namely Ilias Ali @ Ilias Rahman, who has filed this subsequent application under Page No.# 2/3 Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail, as he is 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. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The FIR unfolds that on 29.05.2024 at about 9.45 P.M., the petitioner was member 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 wellbeing 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 petitioner in the case diary.

¶5I have perused the case diary. Indeed there are incriminating materials in the case diary against the petitioner. I have considered the magnitude of the offence. At this juncture, there appears to be no justified ground to extend the Page No.# 3/3 privilege of anticipatory bail to the petitioner.

¶6Accordingly, this anticipatory bail application stands rejected at this stage.

¶7Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010192962024 2024:GAU-AS:10082 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2532/2024 ILIAS ALI @ ILIAS RAHMAN S/O TAIBOR ALI VILL- PIPULBARI PART-IV P.O. MANULLAPARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783135 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP ASSAM ------------ Advocate for : MR. M ISLAM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND