Allowed

Abdur Rejjak @ Rejjak Ali and 7 Ors. v. the State of Assam

Gauhati HC4 Apr 2024AB/610/2024

Case brief

AI extract

What is this about?

The Gauhati High Court made an interim order of pre-arrest bail absolute. The court noted the accused cooperated with investigation and statements were recorded. With no objection from the prosecution regarding the injury report, the court granted the bail prayer and disposed of the application.

What did the court decide?

The interim pre-arrest bail order dated 07.03.2024 was made absolute in connection with Case No.36/2024.

Abdur Rejjak @ Rejjak Ali and 7 Ors. Vs the… — Murder and Culpable Homicide | Gauhati HC (2024)

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GAHC010047692024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/610/2024

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ABDUR REJJAK @ REJJAK ALI AND 7 ORS S/O LATE SAMSER ALI, R/O VILL - KATHADANGA, SATADUBI, AJ KHANDA, P.O.-PATAKATA, P.S.-SOUTH SALMARA, P.S.-SOUTH SALMARA, DIST-SOUTH SALMARA, STATE- ASSAM, PIN- 783127

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2: ASHRAFUL ISLAM S/O ABDUL REJJAK R/O VILL - KATHADANGA SATADUBI AJ KHANDA P.O.-PATAKATA P.S.-SOUTH SALMARA P.S.-SOUTH SALMARA DIST-SOUTH SALMARA STATE- ASSAM PIN- 783127

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3: NUR ALAM S/O ABDUL REJJAK R/O VILL - KATHADANGA SATADUBI AJ KHANDA P.O.-PATAKATA P.S.-SOUTH SALMARA P.S.-SOUTH SALMARA DIST-SOUTH SALMARA STATE- ASSAM PIN- 783127

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4: ABDUL MANNAF S/O LATE SAMSER ALI R/O VILL - KATHADANGA SATADUBI AJ KHANDA

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P.O.-PATAKATA P.S.-SOUTH SALMARA P.S.-SOUTH SALMARA DIST-SOUTH SALMARA STATE- ASSAM PIN- 783127 5: HABEJ UDDIN MANDAL S/O ABDUL AZIZ MANDAL R/O VILL - KATHADANGA SATADUBI AJ KHANDA P.O.-PATAKATA P.S.-SOUTH SALMARA P.S.-SOUTH SALMARA DIST-SOUTH SALMARA STATE- ASSAM PIN- 783127

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6: NUR ISLAM S/O ABDUL REJJAK R/O VILL - KATHADANGA SATADUBI AJ KHANDA P.O.-PATAKATA P.S.-SOUTH SALMARA P.S.-SOUTH SALMARA DIST-SOUTH SALMARA STATE- ASSAM PIN- 783127 7: NUR MAHAMMAD ALI S/O YAKUB ALI R/O VILL- KHODAJDILA P.O.-PATAKATA P.S.-SOUTH SALMARA DIST-SOUTH SALMARA-MANKACHAR STATE- ASSAM PIN-783127 8: SHAMSUDDIN MANDAL S/O ABDUL AZIZ MANDAL R/O VILL- RAJABALA P.O.-PATAKATA P.S.-SOUTH SALMARA DIST-SOUTH SALMARA-MANKACHAR STATE- ASSAM PIN-78312

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR A W AMAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER

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05.04.2024

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Heard Mr. S. Nawaz, learned counsel for the petitioners. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State respondent.

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This is an application filed under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioners in connection with South Salmara P.S. Case No.36/2024 registered under Sections 147/ 148/ 149/ 379/ 325/326/307 of the Indian Penal Code.

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The Case Diary has been received and I have perused the same.

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It is submitted by the learned counsel for the petitioners, Mr. Nawaz that it was basically a fight between two groups regarding the land dispute which is adjacent to the house of the petitioners. However, after obtaining the order of interim pre-arrest bail, all the accused/petitioners appeared before the IO and their statement under Section 161 of Cr. P.C. are also recorded. He further submits that the accused/petitioners are ready and willing to co-operate the

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investigation of the case and accordingly, it is prayed to make the interim prearrest bail order as absolute.

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In this context, Mr. Kaushik, learned Additional Public Prosecutor, has submitted that the accused/petitioners are co-operating the IO and their statements have been recorded under Sections 161 of Cr. P. C. More so, from injury report of the victim, it is seen that 2 (two) victims sustained minor injury and 1 (one) victim had sustained grievous injury. Thus, he raised no objection on the prayer made by the learned counsel for the petitioners.

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After hearing the submissions of learned counsels for both sides and also considering the materials available in the Case Diary, as well as considering the fact that the accused/petitioners has appeared before the IO and co-operated with the investigation of this case, I find it appropriate to extend the privilege of pre-arrest bail to the petitioners, namely 1. Abdur Rejjak, 2. Ashraful Islam, 3. Nur Alam, 4. Abdul Mannaf, 5. Habej Uddin Mandal, 6. Nur Islam, 7. Nur Mahammad Ali and 8. Shamsuddin Mandal . Thus, the order passed by this Court dated 07.03.2024, in connection with South Salmara P.S. Case No.36/2024 registered under Sections 147/ 148/ 149/ 379/ 325/326/307 of the Indian Penal Code is hereby made absolute.

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In terms of above, this anticipatory bail application stands disposed of.

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The Case Diary be sent back.

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JUDGE Comparing Assistant

Abdur Rejjak @ Rejjak Ali and 7 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abdur Rejjak @ Rejjak Ali and 7 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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