Shukkur Ali @ Sukur Ali and 2 Ors. Vs the State of Assam

Heard Mr. M. A. I. Hussain, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent.

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This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with North Lakhimpur P.S. Case No. 322/2024, under Section 305 of BNS, 2023.

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

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It is submitted by Mr. Hussain, learned counsel for the petitioners, that the present accused/petitioner No. 1 was earlier granted with the privilege of interim pre-arrest bail and as per his instruction, petitioner No. 1 already appeared before the I.O. on 26.02.2025 and co-operated in the investigation of the case. He further submitted that the petitioner Nos. 2 & 3 are the farmers and they used to purchase the Buffalos only for their cultivation purpose and in that regard, he also produced some money receipts for purchase of the Buffalos from various markets. More so, he submitted that no Buffalos or other cattle could be recovered from the house of the present petitioners, though their house was searched on the basis of the F.I.R. lodged by the informant. However

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the accused/petitioner Nos. 2 & 3 are the ready and willing to appear before the I.O. if they are granted with the privilege of pre-arrest bail.

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Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that the statement of the petitioner No. 1 is not available in the Case Diary, however the certified copy of the Order dated 18.02.2025 is already available in the Case Diary and thus, it can been presume that the petitioner No. 1 appeared before the I.O. Further he submitted that as per the statement of one of the co-accused, the petitioner Nos. 2 & 3 are also involved in the theft of Buffalos. Accordingly, Mr. Baruah submitted that it is not a fit case to extend the privilege of pre-arrest bail to the present petitioners.

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Considering the submissions made by the learned counsels for both sides, annexures filed along with the petition as well as the materials available in the Case Diary, I find that custodial interrogation of the present petitioners may not be necessary for purpose of investigation and therefore, I find it a fit case to extend the privilege of pre-arrest bail to the present accused/ petitioners.

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Accordingly, it is provided that in the event of arrest of the accused/petitioner Nos. 2 & 3, namely, (i) Saket Ali @ Chaket Ali @ Sagad Ali & (ii) Sahidul Islam @ Sahidul, in connection with North Lakhimpur P.S. Case No. 322/2024, under Section 305 of BNS, 2023, they shall be enlarged on pre-arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

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(i) that the petitioners shall appear before Investigating Officer of the case within a period of 10 (ten) days from today to enable recording of their statements;

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(ii) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and

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(iii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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Further, the interim pre-arrest bail, granted to the accused/petitioner No. 1 vide order dated 18.02.2025 is hereby made absolute in the same terms and conditions.

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The anticipatory bail application stands disposed of in terms above.

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The Case Diary be sent back.

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JUDGE

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Comparing Assistant

Shukkur Ali @ Sukur Ali and 2 Ors. v. the State of Assam

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Shukkur Ali @ Sukur Ali and 2 Ors. v. the State of Assam

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