Dismissed¶27

Md.Ismail Hussain and Anr. v. the State of Assam

Pre-arrest bail – Section 438 CrPC/482 BNS, 2023

Gauhati HC2 Jan 2025AB/2684/2024

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What is this about?

Gauhati High Court anticipatory bail dismissal, 03.01.2025, AB/2684/2024, Justice Manash Ranjan Pathak. Keywords: pre-arrest bail, Section 438 CrPC, 482 BNS 2023, Sections 120(B)/307 IPC, Section 4(b)(i) Explosive Substances Act 1908, NIA Act 2008 Sections 6 and 10, Abhayapuri P.S. Case No. 138/2024, N.G.R. No. 250/2024, Bongaigaon, IED recovery, sufficient incriminating materials, case diary, application dismissed. Note: petitioners' contention on NIA's exclusive jurisdiction to investigate Explosive Substances Act offences was argued but not decided by the Court.

What did the court decide?

The case diary reveals sufficient incriminating materials against the petitioners regarding their involvement in the alleged crime. ¶25

Md.Ismail Hussain and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

Page No.# 1/3

GAHC010210362024

2025:GAU-AS:52

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

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Case No. : AB/2684/2024

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MD.ISMAIL HUSSAIN AND ANR S/O LT. HANIF ALI R/O VILL- MATRAGHOLA P.O. KIRTANPARA P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM PIN-783384

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2: MD. ABUL KALAM S/O LT. HANIF ALI R/O VILL- MATRAGHOLA P.O. KIRTANPARA P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-78338

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S MITRA, MR. R. RAMEEZ,MR A K BORO,MR S.MITRA Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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03.01.2025

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Heard Mr. Sandip Mitra, learned counsel for the petitioners and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State.

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2. Apprehending their arrest, the petitioners, namely, ( i ) Md. Ismail Hussain and ( ii ) Md. Abul Kalam, both sons of late Hanif Ali, residents of Village-Matraghola, P.S.-Abhayapuri, DistrictBongaigaon have filed this application under Section 438 CrPC/482 BNS, 2023 seeking pre-arrest bail in Abhayapuri Police Station Case No. 138/2024 registered under Sections 120(B)/307 of IPC read with Section 4(b)(i) of the Explosive Substances Act, 1908, corresponding to N.G.R. No. 250/2024.

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3. It is submitted on behalf of the petitioners that instead of taking any legal action against the persons from whose house the Improvised Explosive Devices (I.E.D.) have been recovered, police are after the petitioners who are no way involved in the case.

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4. Mr. S Mitra, learned counsel for the petitioners also submitted that said Abhayapuri P.S. Case No. 138/2024 has been registered under Section 4(b)(i) of the Explosive Substances Act, 1908 and as per the provisions of the National Investigation Agency Act, 2008 and the Schedule of the said 2008 Act specified under Section 2(1)(g), investigation of the offences under the Explosive Substances Act, 1908 is required to be carried out by the National Investigation Agency (NIA).

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5. In that regard, Mr. S Mitra, learned counsel for the petitioners has placed the provisions of Section 6 of the National Investigation Agency Act, 2008 as well as the Schedule of the said 2008 Act.

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6. On the other hand, Mr. M P Goswami, learned APP, Assam by placing the provisions of SubSection 7 of Section 6 as well as Section 10 of the said 2008 Act submitted that till National Investigation Agency takes up the investigation of the case, it is the duty of the Officer-in-Charge of the concerned police station to continue with the investigation and further submitted that the

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State Government has the authority under the said 2008 Act to investigate and prosecute any schedule offence or any other offence under any law for the time being in force.

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7. Perused the case diary placed before the Court today by Mr. M P Goswami, learned APP, Assam.

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8. It is seen from the case diary that initially two persons, namely, Hazrat Ali and Aher Ali were arrested in the case, from whose house the IEDs along with hand made bombs, fire cracker, detonators, jute ropes, 12 volt DC converter, surgical gloves, iron spikes were recovered. Later on, one of the brothers of the petitioner, namely, Abdus Salam was also arrested in the case on 06.09.2024.

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9. Case diary reveals sufficient incriminating materials against the petitioners regarding their involvement in the alleged crime.

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10. Considering the materials in the case diary, this Court is of the opinion that this is not a fit case to grant pre-arrest bail to the petitioners, namely, ( i ) Md. Ismail Hussain and ( ii ) Md. Abul Kalam, in said Abhayapuri Police Station Case No. 138/2024, corresponding to N.G.R. No. 250/2024.

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11. Accordingly, this pre-arrest bail application of the petitioner, named above, in said Abhayapuri P.S. Case No. 138/2024 stands dismissed.

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12. Return the case diary herewith.

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JUDGE

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Comparing Assistant

Md.Ismail Hussain and Anr. v. the State of Assam

Case brief

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Md.Ismail Hussain and Anr. v. the State of Assam

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