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2025 DAILYLAW 9286 (GAU)

KARAM ALI v. THE STATE OF ASSAM

AB/602/2025 · 2025-04-21

Susmita Phukan Khaund

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010055662025 2025:GAU-AS:4787 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/602/2025 KARAM ALI S/O- ANBI HUSSAIN, R/O- VILL- KHATARABARI, PO- BHURBANDHA, PS MORIGAON, DIST- MORIGAON, ASSAM-782104 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR N AHMED, S BASUMATARY,MS. S DEVI,MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22-04-2025 Heard learned Senior Counsel Mr. H.R.A. Choudhury assisted by Mr.N. Ahmed for the petitioner, Md. Karam Ali who has filed this application under Section 482 of the BNSS, 2023 with a prayer for pre-arrest bail as he is apprehending arrest in connection with Laharighat P.S. Case No. 241/2024 Page No.# 2/3 corresponding to GR No. 1360/2024 under Sections 314/316 (5)/318/2(5) of the BNS. 2. The FIR unfolds that the petitioner i.e. accused No. 1 named in the FIR called Jarina Khatun, Halima Khatun, Fulbanu, Babar Ali, Afia Khatun, Hamida Khatun and the informant to the courtyard of Rakibul Islam and had a discussion relating to funds required to be paid to proceed for Umra Haj. A total amount of Rs.7,35,000/- was paid through Phone Pay to the accused persons Suruz Zaman and Rokibul Islam. Visa was applied for and Rokibul Islam asked the informant and the others named above to get ready for Umra Haj. Thereafter, a feast was organised by the informant and the above named persons and Rs.2 Lacs was spent for the feast. All the pilgrims were called by Rokibul Islam to the Courtyard of Suruz Zaman and were given details of the Haj, but unfortunately accused Rakibul Islam took the entire responsibility of the Haj and went absconding. When the pilgrims tried to contact him, he was not available over phone. All the important documents were kept by Suruz Zaman. When the pilgrims went to meet Sohagi, wife of Rokibul Islam, she refused to discuss about the matter. 4. The petitioner is apprehending arrest in connection with this case. The prime accused are allegedly Rokibul Islam and Suruz Zaman. 5. Learned Addl. Public Prosecutor Mr. K.K. Das has raised objection that overt act has been attributed to the present petitioner and the pilgrims had to dole out huge amount of money for their pilgrimage. The petitioner has also received a cut. Page No.# 3/3 6. I have considered the submissions at the Bar with circumspection. 7. I have also considered that the petitioner is willing to co-operate with the remaining part of investigation. 8. I have also scrutinized the Case Diary. The petitioners have appeared before the Investigating Officer and he has cooperated with the investigation. 9. It appears that custodial interrogation may not be required as investigation has progressed substantially. 10. Considering all aspects, the interim order dated 17.03.2025 is hereby made absolute under the same terms and conditions. 11. In terms of the above observation, this Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant