Abul Khayer @ Abu Khayer and Anr v. The State of Assam

ORDER

22.01.2024 Heard Mr M Rahman, learned counsel for the petitioners, 1) Abul Khayer @ Abu Page No.# 2/4 Khayer, and 2) Nurjahan Begum.

¶2The petitioners have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Laluk PS Case No. 172/2023, under Sections 146/147/325/326/307/ 353/506/224 IPC, read with Sections 21(a) and 21(b)/29 of the NDPS Act.

¶3Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted on behalf of the petitioners that the petitioners are the parents of the prime accused, Saddam Hussain. Being elderly persons, they will suffer immensely if they are forwarded to custody.

¶5It is submitted that the petitioners are not liable for the offence under Sections 21(a) and 21(b)/29 of the NDPS Act. The prime accused, Tota Miya and Saddam Hussain have already been granted bail in connection with this case.

¶6The learned Additional Public Prosecutor has raised serious objection stating that the when the Police went to Saddam Hussain's house during investigation, the present petitioners, along with other villagers assaulted the Police, causing injuries on the vital parts of their body and deterring the Police officials from discharging their duty. When a person named Sanjay Das was apprehended with heroin, he revealed the names of Tota Miya and Saddam Hussain, who used to supply contraband to Sanjay Das.

¶7Per contra, learned counsel for the petitioners has submitted that the elderly Page No.# 3/4 petitioners are not responsible for drug peddling. As they are the parents of the main accused, they have been falsely implicated by the Police Personnel.

¶8I have considered the submissions at the Bar with circumspection.

¶9I have also perused the Case Dairy.

¶10The petitioners are elderly citizens. They have pledged to cooperate with the investigation as well as trial. They are willing to abide by any bail conditions, if imposed upon them.

¶11The investigation has also progressed to a considerable extent.

¶12I have also considered the submission that the prime accused have already been enlarged on bail.

¶13Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 50,000/-each, with one suitable surety each of the like amount to the satisfaction of the arresting authority, under the conditions that-

i) the petitioners shall appear before the IO within 10 days and cooperate with the investigation, ii) the petitioners shall not exercise any threats to witnesses, and

ii) the petitioners shall not leave the jurisdiction of the Court without prior permission, till completion of investigation and trial. Page No.# 4/4 On breach of any of the bail conditions, the bail order shall stand cancelled.

¶14Anticipatory Bail Application stands disposed of.

¶15Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010000382024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/26/2024 ABUL KHAYER @ ABU KHAYER AND ANR S/OLATE MONIRUDDIN R/O VILL- NO. 2 AHMEDPUR P.O. ISLAMGAON P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM PIN-787054 2: NURJAHAN BEGU W/O ABUL KHAYER @ ABU KHAYER R/O VILL- NO. 2 AHMEDPUR P.O. ISLAMGAON P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN-78705 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MAHIBUR RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND