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Judgment
Heard Mr. M.A. Ali, the learned counsel appearing for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of
Assam.
This is an application u/s 438 of the Cr.P.C. praying for pre-arrest bail for the petitioners namely, Habizur Rahman Mollah @ Hafizul Mollah, Smt.
Joymon Nessa and Samser Ali in connection with Gauripur P.S. Case No. 554/2021, u/s 120(B)/420/468/294/307 of IPC.
One old widow has alleged that her adopted son, daughter and son-in-law have conspired to dispose her from her own land. The widow has further
alleged that these petitioners have physically subjected her cruelty.
Today, after going through the case diary, this Court finds that there is no sufficient material in the case diary against the petitioners to justify their
detention in custody. This Court therefore holds that the privilege u/s 438 Cr.P.C deserves to be given to the present petitioners. Accordingly, it is
hereby directed that in the event of arrest of the petitioners namely, Habizur Rahman Mollah @ Hafizul Mollah, Smt. Joymon Nessa and Samser Ali,
they shall be released on bail of Rs. 10,000/- (Rupees Ten Thousands only) each with a surety of like amount each to the satisfaction of arresting
authority, in connection with Gauripur Police Station Case No. 554/2021, u/s 120(B)/420/468/294/307 of IPC.
It is hereby directed that the petitioners shall appear before the Investigating Officer within next 10 days.
With the aforesaid observation, the Anticipatory Bail application stands disposed of.