Page No.# 1/5 GAHC010105192024 2025:GAU-AS:42 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1381/2024 INSAN ALI @ INSAN MIYA AND 4 ORS. S/O IMAN ALI, R/O VILL- NUMBERPARA PART III, P.O.-NUMBERPARA, P.S.- ABHAYAPURI, DIST-BONGAIGAON, ASSAM, PIN-783384 2: IMAN ALI S/O LATE SORHAB ALI R/O VILL- NUMBERPARA PART III P.O.-NUMBERPARA P.S.-ABHAYAPURI DIST-BONGAIGAON ASSAM PIN-783384 3: RAHAM ALI S/O AKBOR ALI R/O VILL- NUMBERPARA PART III P.O.-NUMBERPARA P.S.-ABHAYAPURI DIST-BONGAIGAON ASSAM PIN-783384 4: AZAHAR ALI S/O LT. ANSER ALI R/O VILL- NUMBERPARA PART III P.O.-NUMBERPARA P.S.-ABHAYAPURI DIST-BONGAIGAON ASSAM PIN-783384 5: JEL HUSSAIN S/O SAYED ALI R/O VILL- NUMBERPARA PART III Page No.# 2/5 P.O.-NUMBERPARA P.S.-ABHAYAPURI DIST-BONGAIGAON ASSAM PIN-78338 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:JAHIDUL ISLAM S/O- HAZRAT ALI R/O- NUMBERPARA P.O- NUMBERPARA P.S- ABHAYAPURI DIST- BONGAIGAON ASSAM Advocate for the Petitioner : MR A A DEWAN, MS S. MEHJABIN,MR H A RASHID Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 03.01.2025 Heard Mr. A A Dewan, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2) Apprehending their arrest, the petitioners, namely, (i) Insan Ali @ Insan Miya, son of Iman Ali, (ii) Iman Ali, son of Late Sorhab Ali, (iii) Raham Ali, son of Akbor Ali, (iv) Ajahar Ali, son of late Anser Ali and (v) Gel Hussain, son of Sayed Ali, all residents of village Numberpara Part-III, P.S.-Abhayapuri, District-Bongaigaon have filed this application under Section 438 Cr.P.C, praying for their pre-arrest bail in Abhayapuri Police Station Case No. 89/2024 registered under Sections 365/34 of the IPC, corresponding to NGR No. 157/2024. 3) As per the FIR dated 23.03.2024 lodged by the informant/complainant, the case is that on 18.03.2024 at around 10 A.M., while his minor daughter, aged about 16 years, was Page No.# 3/5 proceeding towards the house of her maternal uncle, which is about 500 meters away from the informant’s house, on reaching the front of the house of the petitioner No. 2, the petitioner No. 1 forcibly took her inside his house and along with other FIR named accused persons of the case and thereafter, took her to Udalguri, which is about 3 km away from the house of the informant. From there, while the accused persons tried to take away his daughter outside the State, one Roshid Ali, son of Kader Ali, a resident of the same village, saw the daughter of the informant, identified her and also rescued her from the clutches of the accused persons. However, the petitioner No.2 again took the informant’s daughter to his house. Later, Kader Ali, father of said Roshid Ali, informed the informant’s wife about her daughter and accordingly, the wife of the informant took back her daughter from the house of the petitioner No. 2. In the said FIR, the informant also stated that the accused persons are threatening him that they will again take away his daughter and that since one of the relatives of the petitioner No. 1 interfered with the matter to settle the issue amicably; there was a delay in filing the FIR of the case. 4) The said FIR of the informant was lodged before the Officer-in-Charge of Kokila Police Outpost under Abhayapuri Police Station on 22.03.2024, which was initially registered as Kokila Police Station G.D. Entry No. 335 dated 22.03.2024 and thereafter, registered as Abhayapuri Police Station Case No. 89/2024 under Sections 365/34 of the IPC, corresponding to NGR No. 157/2024 against the petitioner Nos. 1, 2, 3 and 4. 5) Earlier, the Court by order dated 29.05.2024, granted interim bail to the petitioner Nos. 2, 3, 4 and 5. 6) Perused the case diary placed before the Court by Mr. K K Parashar, learned Additional Public Prosecutor, Assam and also perused the statement of the minor victim girl recorded under Section 164 Cr.P.C. by the learned Judicial Magistrate First Class, North Salmara, Abhayapuri on 27.03.2024, in which, the minor victim girl implicated the petitioner No. 1, stating that he forcibly took her to the house of petitioner No. 1 and 2, while she was on her way to her maternal uncle’s house. 7) In her said statement under Section 164 Cr.P.C, the minor victim girl also stated that though the petitioner No. 1 tried to commit bad act with her, but she objected to it and in spite of that, the petitioner No. 1 touched her chest and took her to Udalguri, along with petitioner No. 2 and petitioner No. 5, namely, Gel Hussain. Page No.# 4/5 8) Also perused the statement of the mother of the minor victim girl as well as the concerned eye witness, namely, Roshid Ali, recorded under Section 161 Cr.P.C by the concerned Investigating Officer of said Abhayapuri P.S. case. 9) Considering the materials in the Case Diary, this Court is of the view that custodial detention of the petitioner Nos. 2, 3, 4 and 5 are not warranted for investigation of said Abhayapuri P.S. Case No. 89/2024. As such, this pre-arrest bail application of these four petitioner Nos. 2, 3, 4 and 5 in said Abhayapuri P.S. Case No. 89/2024 is accepted. 10) Accordingly, the interim bail granted to the petitioner Nos. 2, 3, 4 and 5 on 29.05.2024 in said Abhayapuri P.S. Case No. 89/2024 is hereby made absolute, subject to the compliance of the conditions by the petitioners as specified in the order dated 29.05.2024, with further conditions that - i) the petitioners shall not threat the victim girl or any other members of her family, by themselves or by anyone or by others, acting on their behalf and; ii) the petitioners shall not involve themselves in any other criminal activities in the future. 11) Any violation of the terms and conditions specified in the order dated 29.05.2024 and the conditions noted above, by any of the petitioner Nos. 2, 3, 4 and 5, named above, the pre-arrest bail granted to them in said Abhayapuri P.S. Case No. 89/2024 shall stand automatically vacated, not only with regard to the concerned petitioner but also with regard to the remaining petitioners out of those 4 (four) petitioners, named above. 12) With regard to the petitioner No.1, namely, Insan Ali @ Insan Miya, son of Iman Ali, after perusal of the case diary and the statement of the minor victim girl as well as her medical report, the Court is also of the view that custodial detention of the petitioner No.1, named above, is not warranted for investigation of said Abhayapuri P.S. Case No. 89/2024. As such, this pre-arrest bail application of the petitioner No. 1 is accepted. 13) Accordingly, it is provided that in the event of arrest of the petitioner No.1, namely, Insan Ali @ Insan Miya, son of Iman Ali, in said Abhayapuri P.S. Case No. 89/2024, he shall be released on bail, on furnishing bail bond of Rs 25,000/- with a surety of the like amount, to the satisfaction of the arresting authority, subject to the conditions that he– (i) shall appear before the Investigating Officer of Abhayapuri P.S. Case No. 89/2024 on or Page No.# 5/5 before 10.01.2025, during the office hours and thereafter, as and when he is required, for necessary investigation of said Abhayapuri P.S. Case No. 89/2024; (ii) shall not leave the territorial jurisdiction of the Abhayapuri police station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 them from disclosing such facts to the Court or to any police officer; (v) shall not threat the victim girl or any other members of her family, by himself or by anyone or by others, acting on his behalf and; (vi) shall not involve himself in any criminal activities in the future 14) Any violation of the aforesaid terms and conditions by the petitioner, namely, Insan Ali @ Insan Miya, son of Iman Ali, the pre-arrest bail granted to him in the aforementioned Abhayapuri P.S. Case No. 89/2024 shall stand automatically vacated. 15) This pre-arrest bail application accordingly stands disposed of. 16) Return the case diary herewith. JUDGE Comparing Assistant