Fakar Uddin and 3 Ors v. The State of Assam

ORDER Date : 09.04.2024

Heard Mr. S. H. Sikdar, learned counsel for the petitioners. Also heard Mr. D. Das learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely, 1. Fakar Uddin, 2. Rofiqul Islam, 3. Aizul Hoque and 4. Jiarul Hoque, apprehending arrest in connection with Mikirbheta P.S. Case No. 251/2023 under Sections 148/341/326/352/307 of the IPC. The Case diary, as called for, is placed before the Court. Mr. J. Ali, learned counsel for the petitioners submits that the petitioners are totally innocent and are not involved in the offence alleged. He further submits that the petitioners belong to respective family and never indulged in any criminal activity whatsoever. On the other hand, Mr. D. Das, learned Addl. P.P., strongly opposes the prayer of pre-arrest bail. He submits that the investigation has substantially progressed and the statement of the witnesses has been recorded under Section 161 Cr.P.C. I have heard the submissions made at the Bar and perused the case diary. It appears that the investigation has substantially progressed. Considering the facts and circumstances of the case, this Court is of the Page No.# 3/3 considered view that custodial interrogation of the petitioners may not be necessary in the interest of ongoing investigation in the case. Accordingly, it is provided that in the event of arrest, the petitioners, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.30,000/- each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

(i) That the petitioners shall appear before the Investigating Officer within 7 days, failing which on and from the 8th day, this pre-arrest bail order shall have no force; and

(ii) That the 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 dissuade him from disclosing such facts to the Court or to any police officer; and

(iii) That the petitioner shall refrain from committing any similar offences in future, of which they are accused or suspected of commission. Return the case diary. This disposes off the anticipatory bail application.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010066842024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/860/2024o FAKARoUDDINoANDo3oORS.o S/OoSIDDIQUEoALI,oR/OoVILL-BHEHUGURI,oP.S.-MIKIRBHETA,oDIST- MORIGAON,oASSAM,oPIN-782123 2:oROFIQULoISLAM oS/OoSIDDIQUEoALI oR/OoVILL-BHEHUGURI oP.S.-MIKIRBHETA oDIST-MORIGAON oASSAM oPIN-782123 3:oAIZULoHOQUE oS/OoSIDDIQUEoALI oR/OoVILL-BHEHUGURI oP.S.-MIKIRBHETA oDIST-MORIGAON oASSAM oPIN-782123 4:oJIARULoHOQUE oS/OoLATEoABDULoREZZAK oR/OoVILL-oKOLMOUBARI oP.S.-MIKIRBHETA oDIST-oMORIGAON oASSAM oPIN-78212o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM Page No.# 2/3 Advocate for the Petitioner : MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI