Page No.# 1/4 GAHC010048322025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/554/2025 MD NUR AHMED ALI AND ANR S/O MD. NUR IMAN ALI, RESIDENT OF VILLAGE DAMPUR, AMDALAPAR NEAR MASJID PS HAJO, DIST KAMRUP M ASSAM 2: MD. KAMAL ALI S/O MD. AMJED ALI RESIDENT OF VILLAGE UJANKURI PS HAJO DIST KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 13.05.2025 Heard Mr. B. Chowdhury, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Addl. PP. 2. This application under Section 482 of BNSS, 2023 (under old act Section 438 of the CrPC) for granting of Anticipatory Bail to the petitioners, namely, 1. Md. Nur Ahmed Ali and 2. Md. Kamal Ali, who are apprehending their arrest in connection with Hajo Police Station Case No. 222/2024 (corresponding to GR Case No. 342/2024) under Section 325/307/302/34 IPC, 1860. 3. On an earlier occasion, the prayer for anticipatory bail by the present petitioners were rejected by this Court by order dated 10.09.2024. Anticipatory bail application of 1780/2024 on the ground that sufficient incriminating material against the present petitioner was found against at that stage. The present application has been filed by the petitioners on a new ground that the informant of this case namely, Prasanna Bharali and the mother of the deceased namely, Smti. Mina Deka had filed affidavit to the effect that the present petitioners are not involved in the alleged offence and they have been implicated wrongly by the police. 4. The learned Add. PP has produced the Case Diary of Hajo Police Station Case No. 222/2024 and has submitted that there are incriminating materials against the present petitioners in the Case Diary. On earlier occasion, the bail Page No.# 3/4 application was rejected only on the ground that there were sufficient incriminating materials against the Case Diary. Hence, he submits that the prayer for bail of the present petitioner may be rejected. 5. I have considered the submissions made by the learned counsel for both the sides and have perused the materials on record. 6. It appears that on the earlier occasion the prayer for anticipatory bail was rejected by this Court on 10.09.2024 since then almost 8 months had elapsed and investigation has progressed much. It appears from the affidavits filed by the informant and the mother of the victim that the FIR was initially filed against one Nur Iman Ali and Samsul Ali. However, later on police implicated Kamal Ali and Nur Ahmed Ali. As the informant and the mother of the victim has exonerated the petitioners of their complicity in the alleged offence, this Court is of the considered opinion that, if they cooperate in the investigation, their custodial interrogation may not be necessary for fair completion of the investigation of the Hajo Police Station Case No. 222/2024. 7. For the reasons stated hereinabove named petitioners are directed to appear before the Investigating Officer of Hajo Police Station Case No. 222/2024 within a period of 7 days from the date of receipt of this order and cooperate with the investigation. If they do so within the stipulated period of time, in the event of their arrest, in connection with the aforesaid case, all the above named petitioners in the aforementioned case is hereby allowed to go on bail of Rs.30,000/-(Rupees Thirty Thousand only) each with a suitable surety of like amount subject to the satisfaction of the arresting authority with the following conditions:- Page No.# 4/4 (i) the petitioner shall co-operate in the trial; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons 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. 9. With the above observations, this anticipatory bail application is hereby disposed of. 10. Return the case diary. JUDGE Comparing Assistant