Insufficient evidence in the case diary warrants the granting of pre-arrest bail, emphasizing the necessity of evaluating the materials before arrest.

ORDER

Date : 16.09.2024 Heard Mr. T.J. Mahanta, learned Senior Counsel assisted by Mr. H.R. Ahmed appearing for the petitioners. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam as well as Mr. S.K. M. Alomgir, learned counsel appearing for the informant.

2. This is a common order for all the three bail applications filed under Section 482 & 483 of the BNSS , 2023 seeking pre-arrest bail, regular bail in respect of Bilasipara P.S. Case No. 180/2024.

3. All the petitioners are relatives of a person called Fazar Ali. He was in love with a girl. It is alleged in the FIR, that on the day of occurrence, Fazar Ali had entered into the house of the girl and forcefully took her away and thereafter, committed rape upon her.

4. It is further alleged that on the next day, Fazar Ali had killed the girl by throttling her neck with a piece of cloth.

5. After his arrest, Fazar Ali confessed before police that he had killed the girl. There is a witness examined by police, who stated that at the relevant time of occurrence something was going on inside the house of Fazar Ali, but she was not allowed to enter into the house of Fazar Ali.

6. It may be stated that the petitioners, Najesh Ali @ Nojesh Ali and Sakina Bibi was earlier granted interim bail and pursuant to the interim bail order, Najesh Ali has appeared before the police and co-operated with the investigation. But the petitioner Sakina Bibi is yet to appear.

7. Apart from the aforesaid facts, the case diary does not have sufficient materials to implicate the present petitioners with the murder of the victim girl.

8. Therefore, the pre-arrest bail prayer of Hajarat Ali Sheikh @ Hojorot Ali, Abushama Ali @ Abu Shama, Nur Salam Ali @ Nur Salam, Jahan Uddin, Jakir Hussain, Ashidul Islam @Rashidul is allowed. i

9. It is hereby directed that in the event of arrest in connection with Bilasipara P.S. Case No. 180/2024, the petitioners, Hajarat Ali Sheikh @ Hojorot Ali, Abushama Ali @ Abu Shama, Nur Salam Ali @ Nur Salam, Jahan Uddin, Jakir Hussain, Ashidul Islam @ Rashidul shall be released on bail of Rs. 20,000/- each with a surety of like amount to the satisfaction of the arresting authority.

10. The interim bail granted in favour of the petitioners, Najesh Ali @ Nojesh Ali and Sakina Bibi on 14.08.2024 is hereby made absolute.

11. The petitioners, Sahar Ali @ Sohor Ali, Noser Ali and Ibrahim Ali are allowed to go on bail of Rs. 25,000/- each with a surety of like amount to the satisfaction of the learned SDJM, Bilasipara, With the aforesaid direction, all the three bail applications are disposed of.

The CD (s) shall be returned.