Abdul Maleque and 5 Ors v. The State of Assam

ORDER

10.11.2023

Heard Mr. S. Alom, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor for the State. Page No.# 3/4 This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioners, namely, (i) Abdul Maleque, (ii) Smti. Hamida Khatun, (iii) Miss Mollika Khatun, (iv) Miss Moriom Khatun, (v) Abdul Kaddus and (vi) Mosidul Islam, in connection with Kalgachia P.S. Case No. 157/2023 (corresponding to G.R. Case No. 1613/2023), registered under Section 417/376/341/323/506/34 of IPC. It is submitted by the learned counsel for the petitioners that as per the FIR, the allegation is made against the accused no.1 Abdul Hamid that he had committed sexual assault to the victim and there is no allegation against the present petitioners in regard to committing any act under Section 376 IPC. At this juncture, custodial interrogation of the petitioners are not required. Hence, the benefit of pre-arrest bail be granted to the petitioners. On the other hand, Ms. S.H. Borah, learned Additional Public Prosecutor for the State has got no objection in granting pre-arrest bail to the petitioners, as the petitioners are the relatives of accused no.1 of the FIR. I have considered the submissions made by the learned counsel for the parties. In view of the above, the privilege of pre-arrest bail is granted to the petitioners. Accordingly, it is provided that in the event of arrest of the petitioners, named above, in connection with Kalgachia P.S. Case No. 157/2023 (corresponding to G.R. Case No. 1613/2023), registered under Sections 417/376/341/ 323/506/34 of IPC, they shall be released on furnishing bail bond of Rs.10,000/- each with a suitable surety each of the like amount, to the satisfaction of the arresting authority. Page No.# 4/4 The direction for pre-arrest bail is subject to the conditions that the petitioners:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

(c) shall not commit such offence as alleged in the FIR in future. The anticipatory bail application stands disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010252512023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3782/2023o ABDULoMALEQUEoANDo5oORS.o S/OoLATEoBARANoALIo R/OoVILL-oGUNIALGURIo P.O.oGUNIALGURI,o P.S.oKALGACHIAo DIST.oBARPETA,oASSAMo PIN-781319 2:oSMTI.oHAMIDAoKHATUN oW/OoABDULoMALEQUEo R/OoVILL-oGUNIALGURIo P.O.oGUNIALGURI o P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-781319 3:oMISS.oMOLLIKAoKHATUN oD/OoABDULoMALEQUEo R/OoVILL-oGUNIALGURIo P.O.oGUNIALGURI o P.S.oKALGACHIAo DIST.oBARPETA oASSAMo PIN-781319 4:oMISS.oMORIOMoKHATUN oD/OoABDULoMALEQUEo R/OoVILL-oGUNIALGURIo P.O.oGUNIALGURI o P.S.oKALGACHIAo Page No.# 2/4 DIST. BARPETA ASSAM PIN-781319 5: ABDUL KADDUS S/O LATE BARAN ALI R/O VILL- GUNIALGURI P.O. GUNIALGURI P.S. KALGACHIA DIST. BARPETA ASSAM PIN-781319 6: MOSIDUL ISLAM @ MOHIDUL ISLAM S/O ABDUL KADDUS R/O VILL- GUNIALGURI P.O. GUNIALGURI P.S. KALGACHIA DIST. BARPETA ASSAM PIN-78131 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD. S ALOM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI