Tohidur Rahman@Touhidur Rahman and Anr v. The State of Assam

ORDER Date : 23-01-2023 Page No.# 2/4

Heard Mr. B. Islam, learned counsel for the petitioners as well as Mr. B.B. Gogoi, learned APP for the State. The petitioners, namely, (1) Tohidur Rahman @ Touhidur Rahman and (2) Mun Ahmed @ Moon Ahmed who were arrested on 14.12.2022 and 15.12.2022 respectively in connection with Bilasipara P.S. case no.372/2022 under section 308 IPC read with section 184 MV Act corresponding to GR no.708/2022 is seeking regular bail by filing this application under section 439 Cr.P.C. The learned APP has produced the case diary and has opposed the prayer for bail. From the case diary it appears that the petitioners were arrested on the ground that he was recklessly driving motorcycle in a dangerous manner in public road where he had hit a pedestrian lady who had suffered grievous injury resulting in her death. Considering the nature of offence and the fact that the two petitioners have been under arrest for 40 days and 41 days respectively, the Court is inclined to release the petitioners, namely (1) Tohidur Rahman @ Touhidur Rahman and (2) Mun Ahmed @ Moon Ahmed on bail on furnishing a bail bond of Rs.1,00,000/- (Rupees one lakh only) each with two sureties of like amount to the satisfaction of the learned SDJM (M), Bilasipara. Bail is granted on the following conditions:

¶1The petitioners shall appear before the Court in the present case on all the dates fixed for trial.

¶2The 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 Page No.# 3/4 dissuade them from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

¶3The petitioners shall not obstruct the smooth progress of the trial/ investigation.

¶4The petitioners shall not misuse their liberty in any manner.

¶5The petitioners shall not jump over the bail.

¶6The petitioners shall once again appear before the IO once in 10(ten) days and they shall continue to appear once a month till their personal appearance is dispensed with or charge sheet is submitted, whichever is earlier.

¶7As the investigation reveals that the petitioners are a member of a motorcycle riding group which is locally called 'Devil Rider', within 10(ten) days from the date of release, the petitioner shall appear before the jurisdictional District Transport Office and have the speed of the motorcycle restrained at not more than 60 km per hour and obtain a certificate from the concerned official of the District Transport Office and produce it before the IO.

¶8If the petitioners are found involved in any similar offence, it would be open to the IO to move the jurisdictional Court and apply for cancellation of bail. This application stands disposed of. Case diary is returned.

Page No.# 4/4 JUDGE Comparing Assistant

Page No.# 1/4 GAHC010005092023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./137/2023 TOHIDUR RAHMAN@TOUHIDUR RAHMAN AND ANR S/O JOMSHER ALI R/O VILL- FAKIRANIRJHAR PART-I, P.S. BILASIPARA DIST. DHUBRI, ASSAM 2: MUN AHMED @ MOON AHMED S/O MOINUL HOQUE VILL-RAJAPARA PART-II P.S. BOGRIBARI DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD B ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA