Page No.# 1/5 GAHC010118302023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1933/2023 LAL BAHAR ALI @ LALBOR ALI S/O SABED ALI R/O VILL- KALBARI P.O. AND P.S. SORBHOG, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N N B CHOUDHURY, MR. A HUSSAIN Advocate for the Respondent : PP, ASSAM, MR. S C BISWAS,MR. F A HASSAN BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 07.04.2025 Heard Mr. N.N.B. Choudhury, learned counsel appearing for the petitioner. Also heard Mr. K.K. Parashar, learned Additional Public Prosecutor appearing for the State of Assam and Mr. F.A. Hassan, learned counsel appearing for the informant. Page No.# 2/5 This Anticipatory Bail petition is filed by the petitioner seeking bail is connection with Sorbhog Police Case No.31/2023 under Sections 120(B)/147/341/326/302/435 of the Indian Penal Code (IPC). The apprehension of arrest expressed by the petitioner is pursuant to an FIR lodged by the informant alleging that the informant’s brother was sustain grievous injuries on being assaulted by the persons and subsequent thereto the father succumbed to the injury sustained. The petitioner submits that he is no way connected with the case involved and therefore, his prayer for bail should be considered and he should be allowed to remain on bail. It is submitted that by order dated 03.08.2023, the Court granted the interim bail of the writ petitioner. On several dates, the Trial Court records have been called for. Upon perusal of the scanned copies of the Trial Court records it is revealed that the one of the accused name In the FIR is shown as absconder. The charge-sheet in the matter was filed on 16.05.2023. The scanned copies of the Trial Court records have been placed before the Court and after careful perusal of the charge-sheet, it is seen that there is specific allegations against certain other persons who are suspected to have inflicted injuries on the victims. When the charge-sheet was initially filed, the petitioner was amongst some of the persons shown to be absconders. Pursuant to the interim bail granted by this Court, the petitioner had appeared before the Trial Court and has been allowed to remain on interim bail. From the scanned copy of the records available, it is seen that the petitioner has appeared on each and every date before the Trial Court. The earlier order dated 27.04.2023 passed in the AB no. 721/2023 filed by the petitioner was rejected on the ground that the enquiry is still at the initial stage Page No.# 3/5 and charge-sheet is yet to be filed. Presently, the enquiry has been completed and charge-sheet has been filed. During the course of the hearing, the learned counsel for the petitioner submits that the charge-sheet has not been filed against Karim Ali, Nurul Haque, Nurul Islam and Mojiyel Ali. These persons were petitioners along with the present petitioner in the earlier bail application being AB/721/2023. In so far as Abu Bakkar Sheikh is concerned, this person was charge-sheeted and subsequently he is been released on bail by coordinate bench of this Court by the order dated 09.09.2024 passed in BA/2590/2024. Under such circumstances, the learned counsel for the petitioner submits that the petitioner has duly complied with the conditions of the interim bail granted by this Hon’ble Court and has remained available for investigation as directed, without any violation of the terms prescribed. The learned counsel for the complainant submits that the present application is the petitioner’s second bail application, the earlier one having been rejected by this Hon’ble Court after perusal of the case diary where incriminating material has been found against the petitioner during the course of investigation. The learned APP does not dispute the contention of the learned counsel for the petitioner that the persons mentioned in the earlier bail application being AB No.721/2023 except the present petitioner and Abu Bakkar Sheikh were persons against to whom no charge-sheet has been laid. In so far as Abu Bakkar Sheikh is concerned, the learned APP fairly submits that he was released Page No.# 4/5 on bail by order dated 09.09.2024 passed by the Coordinate Bench in B.A. No.2590/2024. In so far as the petitioner is concerned it is submitted that he was shown to be an absconder at the time investigation was undertaken and accordingly, charge-sheet was filed showing the petitioner as an absconder. He however submits that pursuant to the interim bail granted, petitioner has appeared regularly before the Trial Court. He also submits that the examination on the witnesses have not commenced and matter is still as the stage of appearance. The learned counsel for the parties have been heard. Pleadings available on records have been carefully perused. The scanned copies of the case records called for have also been perused. It is seen that by the order dated 27.04.2023 the earlier bail petition filed by the petitioner was rejected as the matter was under investigation and charge-sheet had not been filed. Pursuant to the rejection of the earlier bail petition the charge-sheet has been filed showing the petitioner as an absconder. By order dated 03.08.2023 the petitioner was allowed to remain on interim bail upon furnishing a bail bond of Rs.30,000/- and subject to the adherence in the conditions specified in the said order. Pursuant to the petitioner being granted interim bail, from the records it is seen that he has appeared before the Trial Court on each and every date. Considering the fact that the petitioner has appeared before the trial Court and also taking into consideration the fact that except Abu Bakkar Sheikh and the present petitioner all other petitioners who had filed the earlier bail petition being bail petition no.721/2023 were not named in the charge-sheet. In Page No.# 5/5 so far as Abu Bakkar Sheikh is concerned by order dated 09.09.2024 passed in BA/2590/2024 he was enlarged on bail. Under such circumstances keeping in view the submissions made by the learned counsel and in order to maintain parity, the interim bail granted to the petitioner earlier is hereby made absolute on the same terms and conditions. Petitioner will continue to appear before the Trial Court on each and every date. Any violation of the conditions specified, liberty is given to the prosecution to file necessary applications before this Court for cancellation/modification on the bail granted. The bail petition accordingly, stands allowed and disposed of in terms of the above. JUDGE Comparing Assistant