Safiqul Islam and 4 Ors v. The State of Assam

PageoNo.#o1/4 GAHC010005212024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/105/2024o SAFIQULoISLAMoANDo4oORSo SONoOFoSIDDIQUEoALI,oVILLAGE-oBHEHUGURI,oP.S.oMIKIRBHETA,oDIST.-o MORIGAON,oASSAM,oPIN-o782123 2:oFAKARoUDDIN oSONoOFoSIDDIQUEoALI oVILLAGE-oBHEHUGURI oP.S.oMIKIRBHETA oDIST.-oMORIGAON oASSAM oPIN-o782123 3:oROFIQULoISLAM oSONoOFoSIDDIQUEoALI oVILLAGE-oBHEHUGURI oP.S.oMIKIRBHETA oDIST.-oMORIGAON oASSAM oPIN-o782123 4:oAIZULoHOQUE oSONoOFoSIDDIQUEoALI oVILLAGE-oBHEHUGURI oP.S.oMIKIRBHETA oDIST.-oMORIGAON oASSAM oPIN-o782123 5:oJIARULoHOQUE oSONoOFoLATEoABDULoREZZAK oVILLAGE-oKOLMOUBARI oP.S.oMIKIRBHETA oDIST.oMORIGAON oASSAM Page No.# 2/4 PIN-78212 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR Advocate for the Petitioner : MR. A M AHMED Advocate for the Respondent : PP, ASSAM

B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

02.02.2024

Heard Mr. A.M. Ahmed, learned counsel appearing for the petitioners. Also heard Ms. N. Das, learned Addl. P.P., Assam appearing for the State respondent and Mr. J. Ali, learned counsel for the informant.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973 for seeking pre-arrest bail to the accused/petitioners, namely, Safiqul Islam, Fakar Uddin, Rofiqul Islam, Aizul Hoque and Jiarul Hoque, who are apprehending arrest in connection with Mikirbheta P.S. Case No. 251/2023 under Sections 148/341/326/352/307 of the Indian Penal Code, 1860.

¶3The allegations made in the FIR dated 11.12.2023 in a nutshell is that on

10.12.2023 at about 6.30 A.M., while the informant's father-in-law was going towards Golkata Bazar from Bhehuguri village, the accused persons of Page No.# 3/4 Bhehuguri gave a blow to him with a sharp weapon (Dagar) as a result of which, he sustained grievous injuries on his head and he fell down. It is further alleged that the informant's brother-in-law was also assaulted.

¶4Mr. A. Ahmed, learned counsel for the petitioner submits that the allegations made in the said FIR are false and that the accused/petitioners have been falsely implicated.

¶5He further submits that the actual fact of the case is that the petitioners/accused are innocent and falsely implicated in the case. He further submits that the actual fact of the case is that the informant side who are the co-villagers of the petitioners/accused by entering in to conspiracy and in order to grab the fishery of the petitioners/accused constructed a CI Shed (Sali) on the bank of the fishery illegally at night. Later on, the petitioners/accused in the morning came to see that a shed was constructed on the bank of their fishery without their knowledge and as such they went there to dismantle the said shed which was illegally constructed by the informant side to occupy the fishery illegally. Thereafter, when the petitioners/accused were dismantling the shed, the informant side being the aggressor armed with sharp weapons and lathis attacked the petitioners/accused brutally and with dager to Rofiqul Islam causing grievous injuries on his head whereupon he was treated by giving 30 stitches on his head by the doctor and also assaulted Faker Uddin and broke his left shoulder. He further submits that the informant side to cover up their case lodged the instant case falsely by implicating the petitioners/accused in the instant case. He further submits that the petitioners/accused side also lodged a case with regard to the said incident but the police being influence by the informant side registered the case subsequently at later point of time being Mikirbheta P.S Case No.252/2023 U/S 148/341/352/326/307 IPC. Page No.# 4/4

¶6Ms. N. Das, learned Addl. P.P. on the other hand strongly opposes the prayer for pre-arrest bail. She further submits on the basis of the materials available in the case diary that there are sufficient materials implicating the accused/petitioners of the offence alleged. She further submits that the injury report indicates that the victim has been grievously and in a gruesome manner assaulted.

¶7I have heard the submissions made at the Bar and I have perused the case diary materials available on record.

¶8The investigation appears to be in an active stage, which requires to be completed in a fair manner.

¶9Considering the manner in which, the blow have been inflicted on the victim and also considering the totality of the matter, this Court is not inclined to grant anticipatory bail to the petitioners/accused at this stage.

¶10Accordingly, this anticipatory bail application stands rejected. Send back the case diary. JUDGE

Comparing Assistant