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2025 DAILYLAW 12502 (GAU)

SOHIDUL ALI AND ORS v. THE STATE OF ASSAM

AB/1135/2025 · 2025-06-09

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010103952025 2025:GAU-AS:7790 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1135/2025 SOHIDUL ALI AND ORS S/O AKASH ALI R/O VILL 1 NO BORCHOLA PS LAHARIGHAT DIST MORIGAON ASSAM 2: AKASH ALI S/O LT ABDUL RAHMAN R/O VILL 1 NO BORCHOLA PS LAHARIGHAT DIST MORIGAON ASSAM 3: MOIDUL ISLAM S/O AKSAH ALI R/O VILL 1 NO BORCHOLA PS LAHARIGHAT DIST MORIGAON ASSAM 4: SAIDUR RAHMAN S/O AKASH ALI R/O VILL 1 NO BORCHOLA PS LAHARIGHAT DIST MORIGAON ASSAM 5: AHAR BANU D/O AKASH LAI R/O VILL 1 NO BORCHOLA PS LAHARIGHAT DIST MORIGAON ASSAM 6: MONZILA KHATUN W/O MAINUL HOQUE R/O VILL 1 NO BORCHOLA PS LAHARIGHAT DIST MORIGAON ASSAM 7: SAHURA KHATUN W/O AKASH ALI R/O VILL 1 NO BORCHOLA PS LAHARIGHAT DIST MORIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Page No.# 2/4 Advocate for the Petitioner : MD B ISLAM, MR. A A MONDAL,MR A ALAM,F KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.06.2025 1. Heard Mr. B. Islam, the learned counsel for the petitioners. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. The learned counsel for the petitioners has submitted that by order dated 23.05.2025, the petitioner Nos. 5, 6 and 7 namely, were granted interim bail by this Court and in pursuant to the directions of this Court, all of them have appeared before the Investigating Officer and have co-operated in the investigation. 3. On the other hand, he also submits that the accused persons were not present in the place of occurrence and they have been falsely implicated in this case. 4. The learned Additional Public Prosecutor Mr. R.J. Baruah, has produced the Case Diary of Laharighat P.S. Case No. 47/2025, and has submitted that the petitioner Nos. 5. Ahar Banu, 6. Monzila Khatun and 7. Sahura Khatun, have appeared before the Investigating Officer and their statements under Section 180 of the BNSS, 2023 has been recorded. 5. He, however submits that the victim woman has implicated all Page No.# 3/4 the petitioners of having assaulted her and cause an injury on her person. 6. He further submits that the medical report shows that the victim sustained grievous injuries out of which one is caused by blunt object and the other is caused by sharp weapons. He however, submits that the investigation has fairly progressed and it is pending for arrest of the other petitioners, who have not been granted interim protection. 7. I have cconsidered the submissions made by the learned counsel for both sides and have perused the materials on record, including the Case diary of Laharighat P.S. Case No. 47/2025. 8. As regards petitioner Nos. 1. Sohidul Ali, 2. Akash Ali, 3. Moidul Islam, 4. Saidur Rahman, are concerned, though they have been implicated by the victim woman, however, no specific role has been attributed to each of them. Otherwise also, the investigation has fairly progressed and if the petitioners co-operate in the investigation, their custodial interrogation may not be necessary for fair completion of Laharighat P.S. Case No. 47/2025. 9. Under such circumstances, the remaining petitioners, namely, 1. Sohidul Ali, 2. Akash Ali, 3. Moidul Islam, 4. Saidur Rahman are directed to appear before the Investigating Officer of Laharighat P.S. Case No. 47/2025, within a period of 10(ten) days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the aforesaid case, they shall be allowed to go on bail of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority with Page No.# 4/4 following conditions that:- (i) the petitioners shall co-operate in the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. Send back the Case Diary. 11. With the above observations, this anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant