Wajib Ali @ Wazed Li v. The State of Assam

ORDER

03.01.2024

Heard Mr. T.K. Bhuyan, learned counsel for the applicants and Mr. R.J. Barua, learned Additional Public Prosecutor for the State respondent.

¶2This application, under Section 438 of the Code of Criminal Procedure, is preferred by applicants namely, Wajib Ali @ Wazed Ali; Fulesa Khatun @ Fulesa Begum; and Habej Ali, who have been apprehending arrest in connection with Dolgaon P.S. Case No. 350/2023, under Sections 143/147/326/325/307 of the IPC, for grant of pre-arrest bail.

¶3The said case was registered on the basis of an FIR lodged by one Khadiza Begum, on 08.10.2023. The essence of allegations made in the FIR is that on 08.10.2023, at about 1:30 am, one Hussain Ali; Saibali; Hasmat Ali; Wajed Ali; Saibuddin; Kharej Ali; Hamed Ali; Asmat Ali; Fulesa Begum; and Sirajul Hoque, tried to construct a road on her land and while she along with her family members raised objection, then the accused persons assaulted her father-in-law, Alfaz Ali; her husband; Bahar Ali, her sister-in-law, Hafiza Begum and Howa Begum; and her daughter, Amina Khaton and injured them seriously.

¶4Mr. Bhuayn, learned counsel for the applicants submits that this Court was pleased to grant interim protection to the applicants vide order dated

08.11.2023, and pursuant to the said order, the applicants have been appeared before the IO and cooperating with the investigating agency and therefore, it is contended to make the interim order dated 08.11.2023, absolute in the same terms and conditions.

¶5Whereas, Mr. Barua, learned Additional Public Prosecutor submits that Page No.# 3/3 he has not received the case diary, but he has the instruction to that effect that the I.O. has already completed investigation and laid Charge-Sheet against the applicants, under Sections 143/147/326/307 of the IPC, vide Charge-Sheet No. 352/2023, dated 06.11.2023.

¶6In view of above, this anticipatory application stands disposed of by directing the applicants to appear before the learned court below on or before

24.01.2024, and to apply for regular bail and in event of filing such an application, the learned Court below shall consider the same in accordance with law.

¶7Till 24.01.2024, the interim order passed earlier shall continue.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010241642023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3671/2023 WAJIB ALI @ WAZED LI S/O FAJAL HOQUE R/O VILL-NO. 3 CHIKANMATI P.O. AND P.S. DALGAON DIST. DARRANG, ASSAM 2: FULESA KHATUN @ FULESA BEGUM W/O WAJIB ALI @ WAZED ALI R/O VILL-NO. 3 CHIKANMATI P.O. AND P.S. DALGAON DIST. DARRANG ASSAM 3: HABEJ ALI S/O INTAJ ALI R/O VILL-NO. 3 CHIKANMATI P.O. AND P.S. DALGAON DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR A ALI Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN