Hashem Ali and 3 Ors v. The State of Assam

ORDER Date : 19.12.2024

¶1Heard Mr. S. Rahman, learned counsel for the petitioners. Also heard Mr. R. R. Kaushik, learned Additional Public prosecutor for the State of Assam.

¶2This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail in respect of Gauripur Police Station Case No.240/2024.

¶3An women had lodged an FIR against 19 persons including the present petitioners alleging that on 24.06.2024, they have forcibly entered into her house and accused her and her family member that they were involved in the prostitution.

¶4It is alleged that the petitioners along with the other persons caused damage to her house and they also took away valuable ornaments, cash of amount of Rs.5,00,000/- and some gas cylinders, etc.

¶5The informant has further alleged that these petitioners along with other persons caused the accused and her family members that they were involved in prostitution and on that ground, the informant and her family members were handed over the Police. Page No.# 3/3

¶6The learned counsel for the petitioners has submitted that the informant and her family members were indulging in prostitution the locality and therefore the petitioners and some other persons had caught them red-handed and handed over the Police. According to the learned counsel for the petitioners, in order to take revenge the informant has lodged his false FIR.

¶7I have considered the submissions made by learned counsel for both the sides.

¶8This Court is of the opinion that at this stage the petitioners does not deserve to be detained in custody.

¶9Therefore, the pre-arrest bail prayers made by the present petitioners is allowed.

¶10It is hereby directed that in the event of arrest in connection with Gauripur Police Station Case No.240/2024, the petitioners Hashem Ali, Harez Ali, Shahadat Ali @ Laden and Shah Alom shall be released on bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the arresting authority.

¶11All the petitioners shall appear before the Police Investigating Officer within next 10 days from today.

¶12The petitioners shall co-operate with Police Investigation as and when required

¶13Case Diary shall be returned.

¶14The bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010272552024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3353/2024o HASHEMoALIoANDo3oORSo S/OoLATEoHAYAToALIo R/OoVILL-oFASATPURo P.O.oRANGAMATI,oP.S.oGAURIPURo DIST.oDHUBRI,oASSAMo PIN-783339 2:oHAREZoALI oS/OoABDULoHAMIDo R/OoVILL-oFASATPURo P.O.oRANGAMATI oP.S.oGAURIPURo DIST.oDHUBRI oASSAMo PIN-783339 3:oSHAHADAToALIo@oLADEN oS/OoHAREZoALIo R/OoVILL-oFASATPURo P.O.oRANGAMATI oP.S.oGAURIPURo DIST.oDHUBRI oASSAMo PIN-783339 4:oSHAHoALOM oS/OoHAREZoALIo R/OoVILL-oFASATPURo P.O.oRANGAMATI oP.S.oGAURIPURo DIST.oDHUBRI oASSAMo PIN-78333o Page No.# 2/3 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S RAHMAN, R HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA