Hakimuddin and 6 Ors v. The State of Assam

ORDER

31.05.2024 Heard Mr. S. Das, learned counsel for the applicants and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with South Salmara P.S. Case No.24/2024, under Section 143/447/333/353/323/294/506 IPC, this application under Section 438 Cr.P.C. is preferred by seven applicants, namely, Hakimuddin, Anarul Islam, Shazibul Alom, Hasanur Islam, Moynal Hoque, Aminur Islam and Abdur Rahman, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the Page No.# 3/3 basis of an FIR lodged by one Dr. Mozibur Rahman, of Ambari village, on 05.01.2024. The essence of allegation made in the aforesaid FIR is that on 05.01.2024, at about 12:00 noon, while he was proceeding towards Assamese Department of South Salmara College after attending BA 2nd semester class, then one Surman Ali, Nur Hoque, Bappi, Bakkar Ali, Abdul Awal, Abu Sama, Hasanur Rahman, Nur Islam, Jahirul Islam and some others entered into the college compound all of a sudden and dragged him and assaulted him and also rebuked him with abusive words.

¶4Mr. Das, learned counsel for the applicants submits that the applicants were granted the privilege of interim pre-arrest bail by this Court vide order dated 27.02.2024 and pursuant to the said order, all the applicants had appeared before the I.O. and cooperating with the investigating agency and therefore, a contention is being made to make the interim order dated 27.02.2024, absolute, in the same terms and conditions.

¶5On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor, Assam, submits that he has not received the case diary. But, as per his instruction the I.O. has completed investigation and submitted charge-sheet, being Charge-Sheet No.53/2024, dated 30.04.2024, under Section 143/447/333/353/323/294/506 IPC.

¶6In view of the submission of learned Advocates of both sides, this Court is inclined to dispose of this anticipatory bail application by directing the applicants to appear before the learned Trial Court on or before 20.06.2024 and to apply for regular bail, and in the event of filing such an application, the learned Trial Court shall consider the same in accordance with law. Till then, interim order passed on 27.02.2024 stands extended.

¶7In terms of above, this anticipatory bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/3 GAHC010037292024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/468/2024o HAKIMUDDINoANDo6oORS. S/OoABULoHUSSAINo R/OoSALMARAoPART-IIo P.S.oSOUHToSALMARAo DIST.oSOUTHoSALMARA oMANKACHAR oASSAM 2:oANARULoISLAM S/OoMOTIORoROHMANo R/Oo27oMAJIPARAo P.S.oPHULBARIo DIST.oWESToGAROoHILLS MEGHALAYA o3:oSHAZIBULoALOM S/OoKASHEMoALIo R/OoKHODAIDILAo P.S.oSOUTHoSALMARAo DIST.oSOUTHoSALMARAoMANKACHAR oASSAM. o4:oHASANURoISLAM S/OoABULoHUSSAINo R/OoSALMARAoPART-II P.S.oSOUTHoSALMARAo DIST.SOUTHoSALMARAoMANKACHAR oASSAM o5:oMOYNALoHOQUE S/OoRAHIZoUDDINo R/OoTUMNIoLAUKHOBAo P.S.oSOUTHoSALMARAo DIST.oSOUTHoSALMARAoMANKACHAR Page No.# 2/3 ASSAM 6: AMINUR ISLAM S/O MINAR UDDIN R/O TUMNI LAUKHOBA P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM 7: ABDUR RAHMAN S/O DANEJ ALI R/O KHODAIDILA P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM. VERSUS THE STATE OF ASSAM TO BE REP BY THE PP ASSAM ------------ Advocate for : MR A W AMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN