Rustum Ali and 4 Ors. Vs the State of Assam

1. Heard Ms. G. Deka, learned counsel for the petitioners and Mr. M.P.Goswami, learned Additional Public Prosecutor, Assam for the opposite party/respondent.

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2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioners, namely, (i) Rustum Ali, (ii) Fatema Begum, (iii) Rouchanara Begum, (iv) Arjina Khatun @ Marami and (v) Fajila Begum , who are apprehending their arrest in connection with Rangia P.S. Case No. 51/2025 registered under Sections 191(2)/329(3)/117(2)/103(1) of BNS,2023.

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3 . The gist of the accusation in this case is that on 06.03.2025, one Sufia Begum had lodged an FIR inter alia alleging that 7 Nos. of accused persons named in the FIR including the present petitioners had assaulted the father-in-law of the informant, namely, Abdul Mannan, who later on succummed to his injury.

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Learned counsel for the petitioners has submitted that the petitioners are not involved in the offence alleged in the FIR. She submits that in the meanwhile, two of the main accused, Usman Ali and Usuf Ali have already been arrested. The petitioner No. 1 is an old person aged about 68 years, whereas other petitioners are women. She further submits that the victim died for natural death and no assault has been made by the petitioners. Moreover, the petitioners are ready to co-operate with the investigation.

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5 . On the other hand, learned Additional Public Prosecutor, Assam has produced the case diary of Rangia P.S. Case No. 51/2025 and has submitted that though the witnesses whose statements under Section 121 of BNSS, have been recorded and have stated that the petitioners have also assaulted the deceased, however, the post-mortem examination

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report of the deceased indicates that the deceased died for natural death and no injury has been found on his person.

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6 . I have considered the submissions made by the learned counsel for both sides and perused the case diary including the post-mortem examination report of the deceased.

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7 . In view of the fact that the post-mortem examination report indicates that the deceased died in natural death and also in view of the fact that the petitioner No. 1 is an old aged person and other petitioners are women and they are ready to co-operate with the investigation, the above named petitioners are directed to appear before the Investigating Officer of said Rangia P.S. Case No. 51/2025 within a period of seven days from the date of this order and co-operate with the investigation. If they do so within the stipulated period of time, in the event of arrest of the petitioners in connection with the above noted Rangia P.S. Case No. 51/2025, they shall be allowed to go on interim bail of Rs. 30,000/- (Rupees Thirty Thousand only) each with one local surety each of the like amount to the satisfaction of the arresting authority subject to the following conditions that:-

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(i) The petitioners shall co-operate with the investigation,

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(ii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer.

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8 . Accordingly, this anticipatory bail application is disposed of.

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9 . Send back the case diary.

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JUDGE

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Rustum Ali and 4 Ors. v. the State of Assam

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Rustum Ali and 4 Ors. v. the State of Assam

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