Sahabuddin Ali and Anr v. The State of Assam

ORDER

06.12.2023 Heard Mr. S. Rana, learned counsel for the applicants and also heard Mr. B. Sarma, Page No.# 2/3 learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Simla P.S. Case No.67/2023, under Sections 365/511 IPC, this application under Section 438 Cr.P.C. is preferred by two applicants, namely, Sahabuddin Ali and Rahul Alam for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Jaychan Goyary on 05.09.2023. The essence of allegation made in the FIR is that on 05.09.2023, at about 11:00 a.m. in the morning, two unknown persons came to his residence in a vehicle bearing Registration No.AS-01FK-3066 and asked him to get into their vehicle, introducing themselves as the personnel of SSB. Then he haf asked his son to confirm the matter with the SSB and then his son confirmed that no personnel from SSB has been sent to his residence and the informant then refused to get inside their vehicle though they forcefully grab his hand and tried to pick him up in their vehicle.

¶4Mr. Rana, learned counsel for the applicants submits that this Court vide order dated 20.09.2023 was pleased to extend interim protection to the applicants and pursuant to the said order, the applicants had appeared before the I.O. and they have been cooperating with the investigating agency and that this Court vide order dated

24.11.2023, in AB No.3566/2023 has already granted the interim pre-arrest bail absolute in respect of one of the co-accused, namely, Md. Samik Salmani @ MO. Samik and therefore, Mr. Rana contended that the interim order dated 20.09.2023 may be made absolute, in the same terms and conditions.

¶5On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the applicants had appeared before the I.O. and they have been cooperating with the investigating agency. Mr. Sarma further submits that the investigation is still going on.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case Page No.# 3/3 diary with the assistance of Mr. Sarma, learned Additional P.P.

¶7The case diary indicates that the applicants had appeared before the I.O. and they have been cooperating with the investigating agency. Further, the case diary indicates that the investigation of the case has progressed substantially and in view of the cooperation being extended by the applicants to the investigating agency their custodial interrogation seems to be not warranted here in this case and therefore, the interim order dated 20.09.2023 is hereby made absolute, in the same terms and conditions.

¶8In terms of above, this anticipatory bail application stands disposed of.

¶9Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010209542023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3222/2023 SAHABUDDIN ALI AND ANR S/O ISLAM ALI R/O BHAGADUTTAPUR P.S. DISPUR DIST. KAMRUP (M), ASSAM 2: RAHUL ALAM S/O RIYAJUL ALAM R/O DAKHIN GAON KAHILIPARA P.S. DISPUR DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S RANA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN