Asmat Ali And 3 Ors vs State Of Assam

Ajit Borthakur, J

Hearing held through remote video conference.

Heard Mr. P. Rahman, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam appearing for

the State respondent.

By this petition filed under Section 438 Cr.P.C., the petitioners, namely i) Asmat Ali ii) Jashmat Ali iii) Nural Hoque and iv) Asma Khatun have

prayed for granting pre-arrest bail, apprehending arrest in connection with Mererchar P.S. Case No. 03/2021 under Sections 302/34 of the IPC.

The Case diary, as called for, is placed before the Court.

Mr. R.J. Baruah, learned Additional Public Prosecutor submits that the deceased Marzina Khatun, in her dying declaration, stated that she caught fire

accidentally while cooking meal. On having caught fire by the deceased, her family members tried to put out the fire. Mr. Baruah further submits that

the PM report shows that the cause of death of the deceased was due to burn injuries sustained by her.

In the backdrop of facts and evidence so far collected by the investigating officer and as the case diary reveals no sufficient prima facie incriminating

material against the petitioners, this Court finds that their custodial interrogation may not be necessary in the interest of the ongoing investigation into

the case.

Accordingly, it is provided that in the event of arrest, each of the petitioners, named above, shall be released on pre-arrest bail, in connection with the

above noted case on furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand) each with one surety of like amount to the satisfaction of the

arresting authority, subject, of course, to the following conditions:

(i) That the petitioners shall appear before the Investigating Officer within 7 days; and

(ii) That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so

as to dissuade him from disclosing such facts to the Court or to any police officer.

Return the case diary.

This disposes of the anticipatory bail application.