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2025 DAILYLAW 9484 (GAU)

SAHAT ALOM @ SAHATALOM SK AND 6 ORS. v. THE STATE OF ASSAM

AB/670/2025 · 2025-05-15

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010058612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/670/2025 SAHAT ALOM @ SAHATALOM SK AND 6 ORS. S/O-LT GOLZAR @ GULZAR ALI @ GULZAR ALI, R/O-SILBARI, P.S BAGRIBARI,DIST-KOKRAJHAR, ASSAM 2: CHAKIRON NESSA @ SAKIRAN BIBI W/O-SAHAT ALOM R/O-SILBARI P.S BAGRIBARI DIST-KOKRAJHAR ASSAM 3: SHAHJAMAL SHEIKH @ SHAJAMAL SK S/O-LT HAJRAT ALI R/O-SILBARI P.S BAGRIBARI DIST-KOKRAJHAR ASSAM 4: HAKIJUL ALI @ HAKIJUL RAHMAN S/O-LT HAJRAT ALI R/O-SILBARI P.S BAGRIBARI DIST-KOKRAJHAR ASSAM 5: GOLA HUSSAIN S/O-LT HAJRAT ALI R/O-SILBARI P.S BAGRIBARI DIST-KOKRAJHAR ASSAM 6: KALIBAR ALI @ KOLIBOR HUSSAIN S/O-AFIDUL HOQUE @ SK Page No.# 2/4 R/O-KUTKUTARVITA P.S-BAGRIBARI DIST-KOKRAJHAR ASSAM 7: TOMIZUL HOQUE @ TAMIZUL HOQUE S/O SHAHA ALOM R/O-SILBARI P.S BAGRIBARI DIST-KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.05.2025 1. Heard Ms. L. Sarkar, the learned counsel for the petitioners. Also heard Ms. S. H. Bora, the learned Additional Public Prosecutor for the State respondent. 2. The learned counsel for the petitioners has submitted that by order dated 25.03.2025, the petitioner Nos. 1, 2, 3, 5, and 6 were granted interim anticipated bail by a Coordinate Bench of this Court. 3. She further submits that in pursuant to the directions of this Court, petitioner Nos. 1 and 2 have appeared before the Investigating Officer and have cooperated in the investigation. Page No.# 3/4 4. However, as regards other accused persons, they are not in contact with the learned counsel and, therefore, she is not aware about whether they have complied with the directions of this Court or not. 5. On the other hand, Ms. S. H. Bora, the learned Additional Public Prosecutor has produced the case diary of Bagribari Police Station Case No. 79/2024 and has submitted that the petitioner Nos. 1. Sahat Alom @ Sahatalom Sk., and 2. Chakiron Nessa @ Sakiran Bibi, have appeared before the Investigating Officer and have cooperated in the investigation. 6. She has, however, fairly submitted that the altercation took place between the informant and the accused persons on the question of goat eating bottle-gourd from the premises of the informant and the injury reports are also not available in the case diary. 7. She also submits that from the material evidence in the case diary, it does not reflect that any grievous injuries has been sustained by the victim and the Investigating Officer has recorded the statement of the relevant witnesses. 8. Considering the submissions made by the learned counsel for both the parties, as well as the perusal of the case diary, this Court is of considered opinion that if the petitioners cooperate in the investigation, their custodial interrogation may not be necessary for the fair completion of the investigation. 9. In view of above, the interim anticipatory bail granted to the P petitioner Nos. 1. Sahat Alom @ Sahatalom Sk., and 2. Chakiron Nessa @ Sakiran Bibi, by order dated 25.03.2025 is hereby made absolute. Further, considering the progress made in the investigation, if the other petitioners are arrested in connection with the above-noted case, they shall be also allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each with one surety of like amount to the satisfaction of the arresting authority with a condition that Page No.# 4/4 they shall cooperate in the investigation. 10. With above observation, this anticipatory bail application is disposed of. 11. Send back the case diary. JUDGE Comparing Assistant