Md. Mofidul Ali v. The State of Assam

ORDER Date : 06.11.2024 Both the bail applications having arisen out of the same FIR, the same are taken up together for disposal by this common order.

¶2Heard Mr. N. Hassan, learned counsel appearing for the petitioners as well as Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State of Assam.

¶3Both these bail applications are filed under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioners in respect of Boginadi P.S. Case No. 31/2024.

¶4On 29.06.2024 at about mid-night, the present petitioners and some other persons had committed theft in the shop of the informant. The FIR was lodged after 7 days of the said occurrence. The informant named the petitioners and some other persons as the perpetrators of the said offence in the FIR.

¶5The learned counsel for the petitioner submits that in the meantime, the petitioner, Taslima Begum has appeared before the Investigating Officer and has co-operated with the police investigation. Therefore, she does not deserve to be detained in custody.

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

¶7Since the petitioner, Taslima Begum has appeared before the Investigating Officer and has co-operated with the police investigation, her anticipatory bail application being AB No. Page No.# 3/3 2074/2024 is allowed.

¶8The interim bail granted in favour of the petitioner, Taslima Begum on 09.08.2024 is hereby made absolute.

¶9So far as the bail prayer of the petitioner, Mr. Mofidul Ali is concerned, Mr. Kaushik has submitted that the petitioner and other accused are involved in the alleged offence and on the basis of the CCTV footage, they were named in the FIR.

¶10The case diary reveals that there are incriminating materials against the petitioner, Mr. Mofidul Ali, Therefore, his anticipatory bail application being AB No. 2592/2024 stands rejected.

¶11Both the anticipatory bail applications stand disposed of. The CD (s) shall be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010200422024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2592/2024 MD. MOFIDUL ALI S/O MD HAJARAT ALI, R/O VILL- KADAM TENGABOSTI, P.O.-KAKOI, P.S.- BOGINADI, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N HASAN, MR. I K BURAGOHAIN,MR. A HASAN Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2074/2024 TASLIMA BEGUM D/O LT SAIBOR ALI W/O MD. HAJARAT ALI R/O KADAM TENGABOSTI P.O. KAKOI PS BOGINADI DIST. LAKHIMPUR ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM REPRESENTED BY LEARNED PP ASSAM ------------ Advocate for : MR. N HASAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA