Habibul Islam @ Bappi 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, Habibul Islam @ Bappi, Hasanur Islam, Bakkar Ali, Abu Sama, Nur Hoque, Johirul Islam and Surman Ali, for grant of pre-arrest bail. Page No.# 3/3

¶3It is to be noted here that the aforementioned case has been registered on the 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 22.02.2024 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 22.02.2024, 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 22.02.2024 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/449/2024o HABIBULoISLAMo@oBAPPIoANDo6oORS.o S/OoABDULoKARIMoMIAH,o R/OoKHUDDAIDILA,oP.S.-oSOUTHoSALMARA,oDIST.-oSOUTHoSALMARA,o MANKACHAR,oASSAM. 2:oHASANURoISLAM oS/OoABDULoKARIMoMIAH R/OoKHUDDAIDILA oP.S.-oSOUTHoSALMARA oDIST.-oSOUTHoSALMARA oMANKACHAR oASSAM. 3:oBAKKARoALI oS/OoFIRDUSoALI R/OTUMNIoLAUKHOBA oP.S.-oSOUTHoSALMARA oDIST.-oSOUTHoSALMARA oMANKACHAR oASSAM. 4:oABUoSAMA oS/OoFIRDUSoALI R/OoTUMNIoLAUKHOBA oP.S.-oSOUTHoSALMARA oDIST.-oSOUTHoSALMARA oMANKACHAR oASSAM. 5:oNURoHOQUE oS/OoSUKKURoALI R/OoTUMNIoLAUKHOBA oP.S.-oSOUTHoSALMARA oDIST.-oSOUTHoSALMARA Page No.# 2/3 MANKACHAR ASSAM. 6: JOHIRUL ISLAM S/O NAZIR HUSSAIN R/O TUMNI LAUKHOBA P.S.- SOUTH SALMARA DIST.- SOUTH SALMARA MANKACHAR ASSAM. 7: SURMAN ALI S/O BELLAL HUSSAIN R/O TUMNI LAUKHOBA P.S.- SOUTH SALMARA DIST.- SOUTH SALMARA MANKACHAR ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED P.P., ASSAM. Advocate for the Petitioner : MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN