Md. Hussain Ali and 8 Ors v. The State of Assam

ORDER Date : 06.11.2023 Heard Mr. Motiur Rahman, learned counsel for the petitioners. Also Page No.# 3/4 heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State as well as Mr. M. H. Ahmed, learned counsel for the informant. Though the case diary was called for in connection with this case, however, learned Additional Public Prosecutor has submitted that in the meanwhile charge-sheet has been laid vide CS No. 185/2023 dated 29.09.2023. Learned counsel for the petitioner has submitted that vide order dated

21.09.2023, the petitioners have appeared before the Investigating Officer in pursuant to the directions of this Court and their statements have been recorded by the Investigating Officer and has prayed for making the interim bail absolute. On the other hand, Mr. M. H. Ahmed, learned counsel for the informant has produced certain photographs of the victim to show the brutality of the assault on the victim in this alleged incident. It is also submitted by learned counsel for the informant that if the bail of the present petitioner is made absolute, they may threaten the witnesses and on that ground he has opposed to making the interim bail absolute in this case. At this stage, learned counsel for the petitioner has also produced the photographs of the petitioner No. 1's wife. I have considered the submissions made by learned counsel for the parties. Considering the fact that the charge-sheet has already been laid and also considering the fact that the statement of the present petitioners are reported to be recorded by the Investigating Officer and also considering the fact that there appears to be injuries sustained by the persons of both side, this anticipatory bail is disposed of with a direction that the interim anticipatory bail Page No.# 4/4 granted by this Court by order dated 21.09.2023 shall be operative till the appearance of the present petitioners before the learned Trial Court and on appearance before the learned Trial Court, the petitioner shall make fresh prayer for bail before the said Court and their prayer may be considered on its own merit by the learned Trial Court. With the above observation, this anticipatory bail application is hereby disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010213262023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3241/2023o MD.oHUSSAINoALIoANDo8oORS.o S/OoLATEoKASUMoALI,o VILL.-oGORIABORIoPATHARoWARDoNO.o5,oP.S.-oMOIRABARI,oDIST.-o MORIGAONo(ASSAM). 2:oMD.oASHADoALI oS/OoLATEoKASUMoALI o VILL.-oGORIABORIoPATHARoWARDoNO.o5 oP.S.-oMOIRABARI oDIST.-oMORIGAONo(ASSAM). 3:oMD.oRAFIKULoISLAM oS/OoMD.oHUSSAINoALI o VILL.-oGORIABORIoPATHARoWARDoNO.o5 oP.S.-oMOIRABARI oDIST.-oMORIGAONo(ASSAM). 4:oMD.oHABIJULoISLAM oS/OoMD.oHUSSAINoALI o VILL.-oGORIABORIoPATHARoWARDoNO.o5 oP.S.-oMOIRABARI oDIST.-oMORIGAONo(ASSAM). 5:oMD.oSAIDULoISLAM oS/OoMD.oHUSSAINoALI o VILL.-oGORIABORIoPATHARoWARDoNO.o5 oP.S.-oMOIRABARI oDIST.-oMORIGAONo(ASSAM). 6:oMD.oSAFIKULoISLAM Page No.# 2/4 S/O MD. HUSSAIN ALI VILL.- GORIABORI PATHAR WARD NO. 5 P.S.- MOIRABARI DIST.- MORIGAON (ASSAM). 7: MUSSTT. MORJINA KHATAN W/O MD. IMRAN HUSSAIN VILL.- GORIABORI PATHAR WARD NO. 5 P.S.- MOIRABARI DIST.- MORIGAON (ASSAM). 8: MUSSTT. PRABIN SULTANA W/O MD. SAIDUL ISLAM VILL.- GORIABORI PATHAR WARD NO. 5 P.S.- MOIRABARI DIST.- MORIGAON (ASSAM). 9: MUSSTT. OME KULSUM W/O MD. HUSSAIN ALI VILL.- GORIABORI PATHAR WARD NO. 5 P.S.- MOIRABARI DIST.- MORIGAON (ASSAM) VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MR M RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA