Faruk Hussain Bhuyan @ Faruk Hussain and 2 Ors v. The State of Assam

ORDER

03.04.2024 Heard Mr. A.M. Ahmed, 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 Laluk P.S. Case No.172/2023, under Section 146/147/325/326/307/353/506/224 IPC, read with Section 21(a)/21(b)/29 of the NDPS Act, this application under Section 438 Cr.P.C. is preferred by three applicants, namely, Faruk Hussain Bhuyan @ Faruk Hussain, Abdur Rahman @ Abdul Rahman and Gulzar Hussain, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Chiranjib Borah of Harmoti Out Post on 06.09.2023. The essence of allegation made in the aforesaid FIR is that acting on a tip off, the informant and other police staff on that day, have taken into custody one Sanjay Das from the VDP members, from whom suspected Heroin was recovered and during interrogation he disclosed that he brought the seized container with drugs from one Md. Iman Ali and thereafter, the informant proceeded to Bongalmara and apprehended Md. Iman Ali and during interrogation Iman Ali disclosed that he purchased the drugs from one Tota Miya and accordingly, the informant has proceeded to the place of Tota Miya and apprehended him and Tota Miya disclosed that he brought the same from one Saddam Hussain and accordingly, they have apprehended Saddam Hussain and recovered some suspected drugs from his possession, while said Saddam Hussain was on his way to handover the drugs to Tota Miya, and during the time of apprehension of Saddam Hussain, he attacked police personnel and his wife Wahida Begum and his father Abu Khayer, being armed with Page No.# 3/4 Dao and Lathi, attacked the police personnel and injured WPC Smika Tai and when they resist the same, then 50 nos. of persons of the said locality, namely, Abdul Rahman, Abu Taleb, Nurjahan Begum, Asma Khatun, Guljar Hussain, Faruk Hussain, Umme Salma, Aftab Hussain, attacked the police personnel and Saddam Hussain managed to flee away snatching 2 nos. containers of suspected drugs from the police custody and Tota Miya also managed to escape.

¶4Mr. Ahmed, learned counsel for the applicants submits that the applicants are innocent and they are no way involved with the offence alleged in the FIR and that some of the co-accused have already been granted pre-arrest bail by this Court in AB No.186/2024 vide order dated 26.02.2024 and in AB No.26/2024 vide order dated

22.01.2024 and that the present applicants are also stand in the same footing and they are also ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the I.O. has collected sufficient incriminating materials against the present three applicants and their names also find mention in the FIR dated 06.09.2023 and as such, Mr. Sarma, learned Additional P.P. has opposed the petition.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Additional P.P.

¶7The case diary indicates that the I.O. has collected sufficient incriminating materials against the present applicants. Investigation is going on and extending the privilege of pre-arrest bail to the present applicants at this stage will misdirect the investigation. Accordingly, this Court is of the view that this is not a fit case where the privilege of pre-arrest bail can be granted to the applicants and accordingly, the anticipatory bail Page No.# 4/4 application stands dismissed.

¶8Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/4 GAHC010053942024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/696/2024o FARUKoHUSSAINoBHUYANo@oFARUKoHUSSAINoANDo2oORS.o S/OoABDURoRAHMANoBHUYAN,oVILL-oNO.o2oAHMEDPUR,oP.O.- ISLAMGAON,oP.S.-BIHPURIA,oDIST-LAKHIMPUR,oASSAM,oPIN-787054 2:oABDURoRAHMANo@oABDULoRAHMAN oS/OoMANIRUDDIN oVILL-oNO.o2oAHMEDPUR oP.O.-ISLAMGAON oP.S.-BIHPURIA oDIST-LAKHIMPUR oASSAM oPIN-787054 3:oGULZARoHUSSAIN oS/OoABDULoAZIZ oVILL-oNO.o2oAHMEDPUR oP.O.-ISLAMGAON oP.S.-BIHPURIA oDIST-LAKHIMPUR oASSAM oPIN-78705o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoMoAHMEDo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN