Harmuj Ali and 9 Ors v. The State of Assam

O R D E R

20.01.2023.

Heard Mr. R. Ali, learned counsel for the applicants and also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent. Apprehending arrest in connection with the Moirabari P.S. Case No.230/2022 (corresponding

to

GR

No.2212/2022),

under

Sections 120(B)/201/403/408/409/417/468 of the IPC, read with Section 7 of the E.C. Act, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicants, namely, (1) Harmuj Ali, (2) Roujana Begum, (3) Minara Begum, (4) Hazrat Ali, (5) Jamir Uddin, (6) Majida Khatun, (7) Abdur Rahman, (8) Shahab Uddin, (9) Habibur Rahman and (10) Abdul Jabbar, for grant of pre-arrest bail. Mr. R. Ali, learned counsel for the applicants submits that pursuant to the order of this Court passed on 22.12.2022, the applicants have appeared before the I.O. and their statements have been recorded and they are cooperating with the investigating agency and therefore, it is contended to make the interim order dated 22.12.2022, absolute, in the same terms and conditions. On the other hand, producing the case diary before this Court, Mr. B.B. Gogoi, learned Addl. P.P., Assam also confirmed that the applicants have appeared before the I.O. and they are cooperating with the investigating agency. Page No.# 4/4 Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary produced before this Court with the assistance of Mr. Gogoi, learned Addl. P.P., Assam. In view of the materials collected so far in the Case Diary as well as progress of investigation and also considering the fact that cooperation is being extended by the applicants to the investigating agency, their custodial interrogation seems to be not necessary here in this case, in the interest of investigation and therefore, this Court is inclined to make the interim order, dated 22.12.2022, absolute in the same terms and conditions. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010261022022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3770/2022o 1.oHARMUJoALIoANDo9oORS.o S/O-oLATEoMAHIRoUDDIN,oR/O-oVILL.-oLALIRPAR,oP.O.oLOCHANABARI,oP.S.o MOIRABARI,oDIST.oMORIGAON,oASSAM 2:oROUJANAoBEGUM oW/O-oIDDRISoALI oR/O-oVILL.-oGARIABARI oP.O.oLOCHANABARI oP.S.oMOIRABARI oDIST.oMORIGAON oASSAM 3:oMINARAoBEGUM oW/O-oBADARoUDDIN oR/O-oVILL.-oGARIABARI oP.O.oLOCHANABARI oP.S.oMOIRABARI oDIST.oMORIGAON oASSAM 4:oHAZRAToALI oS/O-oLATEoAHEDoALI oR/O-oVILL.-oBELOBORI oP.O.oLOCHANABARI oP.S.oMOIRABARI oDIST.oMORIGAON oASSAM 5:oJAMIRoUDDIN oS/O-oLATEoABBASoALI oR/O-oVILL.oANDoP.O.oLOCHANABARI oP.S.oMOIRABARI oDIST.oMORIGAON oASSAM Page No.# 2/4 6: MAJIDA KHATUN W/O- ABDUL MANNAN R/O- VILL.AND P.O. LOCHANABARI P.S. MOIRABARI DIST. MORIGAON ASSAM 7: ABDUR RAHMAN S/O- LATE TAYAB ALI R/O- VILL.- GARIABARI P.O. LOCHANABARI P.S. MOIRABARI DIST. MORIGAON ASSAM 8: SHAHAB UDDIN S/O- LATE IMAN ALI R/O- VILL.- GARIABARI P.O. LOCHANABARI P.S. MOIRABARI DIST. MORIGAON ASSAM 9: HABIBUR RAHMAN S/O- LATE AMIR UDDIN R/O- VILL.- GARIABARI P.O. LOCHANABARI P.S. MOIRABARI DIST. MORIGAON ASSAM 10: ABDUL JABBAR S/O- LATE IDDRISH ALI VILL. AND P.O. SAHARIA GAON P.S. MOIRABARI DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R ALI Page No.# 3/4 Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN