Farag Ali @ Ahmed and 9 Ors v. The State of Assam

ORDER Date : 09-02-2023

¶1Heard Mr. S. Paul, learned counsel for the petitioners namely, [1] Farag Ali @ Ahmed [2] Salamun Khan [3] Selima Begum [4] Sahab Ali [5] Rahul Ali [6] Mainu Begum [7] Rijul Ali [8] Abdul Jiyar @ Chana [9] Lutfur Rahman @ Antu [10] Mainul Ali @ Haque.

¶2The petitioners have filed an application under Section 438 Cr.P.C. with prayer for pre-arrest bail as they are apprehending arrest in connection with the charge of the case being PRC P.S. Case No. 899/2022 under Sections 143/353/294/323/307 IPC corresponding to Tamulpur P.S. Case No. 556/2019.

¶3I have considered the submissions at the Bar. It is submitted on behalf of the petitioners that an FIR has been lodged by the police and it is apparent that the FIR has been falsely lodged by the police against the petitioners who are innocent. It is also submitted that the petitioners will co-operate with the trial as they are local residents. The petitioner Nos. 3 and 6 are women and the petitioner Nos. 8 and 9 are not named in the FIR. As a result, the petitioners were not aware of the case pending against them and finally they were shown as Page No.# 4/4 absconders in the charge-sheet.

¶4The learned Addl. P.P. has raised objection sating that charge-sheet has been laid against the petitioners which clearly implicates that the petitioners were involved in the alleged case. The petitioners have been evading appearance continuously from the year 2019 till the year 2023. The order dated 14.11.2022 passed by the Judicial Magistrate, First Class, Baksa of Mushalpur clearly reflects that NBWA has been issued against the Mainul Ali @ Haque and his prayer cannot be considered through this petition. The application against the petitioners is that the petitioners along with some other villagers wrongfully confined Taijul Ali and when the police went to the rescue of Taizul Ali, the petitioners along with some other villagers assaulted the police personnel with dao, lathi, rod, axe etc. and as a result Mahadev Nath and Pramjit Kalita sustained grievous injuries. It is submitted on behalf of the petitioners that the injured persons sustained simple injuries.

¶5I have considered the submissions at the Bar. Charge-sheet has indeed been laid against the petitioners, showing them as absconders. After due consideration of the submissions for the petitioner Nos. 8 and 9 who are not named in the FIR and the other petitioner Nos. 3 and 6, I deem it proper to allow their prayer for pre-arrest bail. The prayer of the other petitioners stands rejected.

¶6In the event of the arrest of petitioner Nos. [3] Selima Begum [6] Mainu Begum [8] Abdul Jiyar @ Chana and [9] Lutfur Rahman @ Antu, they shall be enlarged on bail of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the CJM, Baksa.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010243612022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3543/2022o FARAGoALIo@oAHMEDoANDo9oORS.o S/OoLATEoFARIDoALI,o VILL.-oUTTARoGALBERA,o P.S.-oTAMULPUR,o DIST.-oBARKSAo(ASSAM). 2:oSALAMUNoKHAN oS/OoCHANoMOHAMMAD o VILL.-oUTTARGALBERA o P.S.-oTAMULPUR o DIST.-oBARKSAo(ASSAM). 3:oSELIMAoBEGUM oW/OoMAHRUMoALI o VILL.-oUTTARoGALBERA o P.S.-oTAMULPUR o DIST.-oBARKSAo(ASSAM). 4:oSAHABoALI oS/OoLATEoKHAIRAToALI o VILL.-oDAKHINoGALBERA o P.S.-oTAMULPUR o DIST.-oBARKSAo(ASSAM). 5:oRAHULoALI PageoNo.#o2/4 oS/OoLATEoKHAIRAToALI o VILL.-oDAKHINoGALBERA o P.S.-oTAMULPUR o DIST.-oBARKSAo(ASSAM). 6:oMAINUoBEGUM oW/OoABDULoALI o VILL.-oDAKHINoGALBERA o P.S.-oTAMULPUR o DIST.-oBARKSAo(ASSAM). 7:oMD.oRIJULoALI oS/OoMAKIBoALI o VILL.-oUTTARGALBERAoRANGAPANI o P.S.-oTAMULPUR o DIST.-oBARKSAo(ASSAM). 8:oABDULoJIYARo@oCHANA oS/OoLATEoRAHMANoALIo@oABDUR o P.S.-oTAMULPUR o DIST.-oBARKSAo(ASSAM). 9:oLUTFURoRAHMANo@oANTU oS/OoAZIZURoRAHMAN o VILL.-oUTTARoGOLBERA o P.S.-oTAMULPUR o DIST.-oBARKSAo(ASSAM). 10:oMAINULoALIo@oHAQUE oS/OoLATEoMAKIBoALI o VILL.-oDAKHINoGOLBERA o P.S.-oTAMULPUR Page No.# 3/4 DIST.- BARKSA (ASSAM) VERSUS THE STATE OF ASSAM REP. BY P.P. Advocate for the Petitioner : MR S PAUL Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND