Gauhati High Court
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Page No.# 1/4
GAHC010107362023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1781/2023
SICHIR ALI AND 4 ORS
S/O LATE ABAJ UDDIN, R/O VILL-KALBARI, P.S.-SORBHOG, DIST-BARPETA
(ASSAM)
2: ATAR ALI @ TIGER
S/O SICHIR ALI
R/O VILL-KALBARI
P.S.-SORBHOG
DIST-BARPETA (ASSAM)
3: ABUL HUSSAIN @ PADURE
S/O SICHIR ALI
R/O VILL-KALBARI
P.S.-SORBHOG
DIST-BARPETA (ASSAM)
4: ABDER ALI @ ATOWAR ALI (PITKA)
S/O SICHIR ALI
R/O VILL-KALBARI
P.S.-SORBHOG
DIST-BARPETA (ASSAM)
5: SOFIOR RAHMAN @ SAPIYE RAHMAN
S/O LATE ABBAS UDDIN
R/O VILL-KALBARI
P.S.-SORBHOG
DIST-BARPETA (ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
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Advocate for the Petitioner : MR. M I HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 01.08.2023
Heard Mr. M.I. Hussain, learned counsel for the petitioners. Also heard Mr. B. Sarma,
learned Additional Public Prosecutor, Assam.
2. This Anticipatory Bail petition has been filed by the petitioners, namely, (1) Sichir Ali,
(2) Atar Ali @ Tiger, (3) Abul Hussain @ Padure, (4) Abder Ali @ Atowar Ali (Pitka) & (5)
Sofior Rahman @ Sapiye Rahman, who are apprehending their arrest in connection with
Sorbhog Police Station Case No. 31/2023 registered under Sections
120(B)/147/341/326/302/435 of the IPC.
3. An FIR dated 15.02.2023 was lodged by the informant one Sariful Ali, whereby it was
alleged that on 14.02.2023 at about 8 AM that his cousin, namely, Babul Ali while proceeding
to home with bricks loaded on a tractor through the Tamulbari road, he was accosted by one
Abdul Aziz who prevented him from passing of a culvert. When Babul Ali informed his family
members that he has been prevented by Abdul Aziz, some of his family members came to the
spot and thereafter a fight ensued between 2 (two) groups involving Babul Ali and his
companions and Abdul Aziz and his companions. It was alleged that the family members of
the informant's were attacked with sharp and dangerous weapons by the said Abdul Aziz and
his family members and in the process the father and elder brother of the informant were
killed. The said FIR was received and registered as Sorbhog Police Station Case no. 31/2023
registered under Sections 120(B)/147/341/326/302/435 of the IPC. During the course of
investigation, the petitioners were required to appear before the Investigating Officer (I.O.) of
the case in connection with investigation carried out. After apprehending their arrest, they
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had approached this Court earlier by A.B. no. 741/2023. This Court by order dated
27.04.2023 upon due consideration of the materials available in the CD rejected the prayer for
anticipatory bail as prayed for by the petitioners.
4. Following the earlier rejection of the bail petition, the present anticipatory bail
application has been filed.
5. Mr. B. Sarma, learned Additional Public Prosecutor, Assam has submitted that
investigation has been completed and charge-sheet in the matter has been filed on
16.05.2023 vide Charge-Sheet no. 41/2023.
6. Upon hearing the learned counsels for the parties, this Court is of the view that the
anticipatory bail petition can be closed permitting the petitioners to approach the competent
Court before which the charge-sheet, as referred above, has been filed. Upon filing any such
applications seeking bail, the competent court will hear the petitioners and pass necessary
orders on its own merit taking into account the law laid down by the Apex Court in
Siddharth Vs State of Uttar Pradesh and Anr, reported in (2022) 1 SCC 676 and
Judgment dated 20.03.2023 rendered in Mahdoom Bava Vs Ventral Bureau of
Investigation in Criminal Appeal No........of 2023 (Arising out of SLP (Crl) No. 376 of 2023),
it is no longer res integra that appearance of the accused persons pursuant to summons
being issued do not necessarily in all cases require orders directing the accused to be taken
into custody as a matter of course. When the law has already been laid down by the Apex
Court, no further orders are necessary to be passed by this Court.
7. Upon due consideration of the individual merit as well as taking into consideration of
law laid down by the Apex Court, the competent court will thereafter pass the necessary
orders.
8. It is needless to say that the petitioners will be at liberty to urge all facts and make
any submission pertaining to the case which may have been made before this Court, while
filing the application for bail before the competent Court before which the charge-sheet has
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been filed.
9. With the above observation, the anticipatory bail application is disposed of.
JUDGE
Comparing Assistant
