Ebadul Ali Alias Ebadul Ali Sk and 6 Ors. Vs the State of Assam

¶1

Page No.# 1/4

¶2

GAHC010183082025

¶3

undefined

¶4

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

¶5

Case No. : AB/1984/2025

¶6

EBADUL ALI ALIAS EBADUL ALI SK AND 6 ORS. SON OF LATE MEHER ALI R/O VILL- KOLBARI P.S. SORBHOG DIST. BARPETA, ASSAM PIN-781301

¶7

2: MOKBUL ALI SON OF LATE MEHER ALI R/O VILL- KOLBARI P.S. SORBHOG DIST. BARPETA ASSAM PIN-781301

¶8

3: RAFIKUL ALI SON OF LATE MEHER ALI R/O VILL- KOLBARI P.S. SORBHOG DIST. BARPETA ASSAM PIN-781301

¶9

4: ABDUL SAHID @ SAHID SEIKH SON OF LATE MEHER ALI R/O VILL- KOLBARI P.S. SORBHOG DIST. BARPETA ASSAM PIN-781301 5: SARIFUL ALI SON OF LATE HASMAT ALI R/O VILL- KOLBARI

¶10

Page No.# 2/4

¶11

P.S. SORBHOG DIST. BARPETA ASSAM PIN-781301

¶12

6: MUNNAF ALI SON OF JUNA R/O VILL- KOLBARI P.S. SORBHOG DIST. BARPETA ASSAM PIN-781301

¶13

7: MAZID ALI SON OF LATE BAKTA JAMAL R/O VILL- KOLBARI P.S. SORBHOG DIST. BARPETA ASSAM PIN-78130 VERSUS

¶14

THE STATE OF ASSAM REP. BY THE PP, ASSAM

¶15

Advocate for the Petitioner : MR. S C BISWAS, MR. F A HASSAN,MS. K L R YANTHAN,MR. A K DAS

¶16

Advocate for the Respondent : PP, ASSAM, MR. S R ISLAM (INFORMANT)

¶17

BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

¶18

ORDER

¶19

03.11.2025

¶20

Heard Mr. S.C. Biswas, learned counsel for the petitioners and Mr. B. Sharma, learned Addl. P.P., Assam.

¶21

This is an application under Section 482 of BNSS, 2023 praying for pre-

¶22

Page No.# 3/4

¶23

arrest bail on behalf of the petitioners, namely, 1. Ebadul Ali @ Ebadul Ali Sk, 2. Mokbul Ali, 3. Rafikul Ali, 4. Abdul Sahid @ Sahid Seikh, 5. Sariful Ali, 6. Munnaf Ali, 7. Mazid Ali, in connection with Manikpur P.S Case No.91/2025 under Sections 61(2)/103 of BNS, 2023.

¶24

The case arose out of an ejahar dated 30.07.2025, lodged by one Sakiyet Ali with the allegations that on 29.07.2025 at around 7:40 PM while his elder brother i.e. Sorhab Ali was returning on a motorcycle and reached near the house of one Debnath, the accused persons, in a pre-planned manner and due to previous grudge, stabbed his brother and caused his death and later his body was found by passersby.

¶25

Mr. S.C. Biswas, learned counsel for the petitioner submits that due to earlier land dispute, the petitioners have been falsely implicated in the present case and prima-facie, the petitioners are raising contention of alibi. 5. It is submitted by the learned counsel by reference to Annexure-2 that on the same day, petitioner no.1 i.e. Ebadul Ali @ Ebadul Ali Sk along with two other persons were on naka checking duty on 29.07.2025 from 2 PM to 8 PM. It is further submitted, with reference to Annexure-3 at page 16, that at the relevant time, the other accused persons were going towards Meghalaya side in a vehicle bearing registration no.AS-02-AB-9587.

¶26

The learned Additional Public Prosecutor has produced the Case Diary wherefrom it appears that pursuant to the interim protection granted by this Court to the petitioner no.1, the petitioner no.1 has appeared before the I.O and his statement has been recorded. However, with regard to the remaining petitioners, there appears to be sufficient incriminating material against involving criminal conspiracy to kill the victim and also contribution of money for

¶27

Page No.# 4/4

¶28

the said purpose.

¶29

The case is at the initial stage of investigation and on the basis of disclosures made by arrested accused persons, the custodial interrogation of the petitioners may be necessary to unearth the full extent of the conspiracy as well as the money trail.

¶30

The plea of alibi taken on behalf of the petitioners also appears to be negated by the incriminating material available in the Case Diary. Having regard to the same, the pre-arrest bail stands rejected in respect of petitioner no.2, 3, 4, 5, 6 & 7.

¶31

However, the interim order of pre-arrest bail in respect of the petitioner no.1 Ebadul Ali @ Ebadul Ali Sk, is made absolute.

¶32

The petition stands disposed of accordingly.

¶33

JUDGE

¶34

Comparing Assistant

Ebadul Ali Alias Ebadul Ali Sk and 6 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ebadul Ali Alias Ebadul Ali Sk and 6 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sahjahan Ali Vs the State of Assam

Sri Anil Hazarika and Anr. Vs the State of Assam

MD Nobi Hussain Alias Nobi Hussain Vs the State of Assam

Hiru Nath and Ors. Vs the State of Assam and Anr.

Abu Arham Ahmed Alias Arif Islam Alias Biki Vs the State of Assam

Sri Rejjak Khan and 5 Ors. Vs the State of Assam