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Gauhati High Court

Ramjan Ali @ Md. Kalia And Anr vs The State Of Assam on 1 June, 2020

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                                 Page No.# 1/2

GAHC010047342020




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

                                 Case No. : AB 741/2020
            1:RAMJAN ALI @ MD. KALIA AND ANR.
            S/O- OMAR ALI, R/O- PASSNAI NON.K, P.S. ORANG, DIST.- UDALGURI
            (BTR), ASSAM

            2: LUTFUR ISLAM @ LOTIFUR RAHMAN
             S/O- RAHIM ALI
             R/O- DEPUGURI
             P.S. ORANG
             DIST.- UDALGURI (BTR)
            ASSA

            VERSUS

            1:THE STATE OF ASSAM
            REP. BY P.P., ASSAM

Advocate for the Petitioner : MR M AHMED
Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

01-06-2020 Heard Shri M. Ahmed, learned counsel for the petitioners, namely, 1.Ramjan Ali @ Md. Kalia, and 2. Lutful Islam @ Lotifur Rahman, who have filed this application under Section 438 of the CrPC seeking anticipatory bail in connection with Hatigaon Police Station Case No. 103/2020 registered under Sections 120(B)/420 IPC.

It is submitted that the petitioners are not named in the FIR and the two accused persons named in the FIR have already been arrested and the allegations are confined only Page No.# 2/2 those two accused persons.

The apprehension has arisen as during the seizure, some currency notes were recovered from the house of the petitioners.

Producing the Case Diary, Shri Gogoi, learned Addl. PP, Assam has submitted that there is no material to connect the present petitioners with the allegations made in the FIR. He has also produced the statements of the present petitioners recorded under Section 161 CrPC pursuant to the interim protection granted by this Court.

After hearing and on perusal of the Case Diary, the present petition is allowed. Accordingly, it is directed that in the event of arrest, the above named petitioners in the aforementioned case shall be released on bail on furnishing bail bond of Rs.10,000/- each with a surety of like amount subject to the satisfaction of the arresting authority.

The petitioners would continue to render full cooperation in the investigation and shall not indulge any activities detrimental to the same.

Anticipatory bail petition stands disposed of.

JUDGE Comparing Assistant