Nurul Amin Hoque and 2 Ors v. The State of Assam

ORDER Date : 18-04-2024

Heard Mr. G. Phukan, learned counsel for the petitioners 1) Nurul Amin Hoque, 2) Amina Khatun and 3) Monuwara Khatun.

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for bail in connection with PRC No. 346/2022 arising out of Biswanath Chariali Police Station Case No. 217/2021 corresponding to G.R. No. 474/2021 under Sections 120(B)/498(A)/494/302 of Indian Penal Code, 1860 read with Section 4 of Dowry Prevention Act.

¶3Heard Mr. K. Baishya, learned Additional Public Prosecutor for the respondent State.

¶4It is submitted that charge sheet was laid against the petitioners and a prayer was made by the Investigating Officer to discharge the present petitioners but the learned Chief Judicial Magistrate, Biswanath (CJM for short), on finding materials against the present petitioners, took cognizance against them and when the petitioners surrendered before the learned CJM, they were forwarded to custody.

¶5It is submitted that there is no specific allegation against the present petitioners but the Court below erroneously did not consider the submission that there is no specific allegation against them and they are not guilty of the offence of murder and forwarded the petitioners to custody. Page No.# 3/3

¶6The learned Additional Public Prosecutor has submitted that there are incriminating materials against the petitioners in the statement of the complainant.

¶7I have considered the submissions at the bar with circumspection.

¶8I have considered the submission that the petitioners are willing to cooperate with the trial. The petitioners are local residents and they are not flight risk. I have also considered the age of the petitioner Nos. 1 and 2, who are 67 (Sixty Seven) years and 54 (Fifty Four) years, respectively. I have also perused the scanned copies of the Case Diary.

¶9Considering all aspects, the petitioners are enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the learned CJM under the conditions that:

(i) The petitioners shall not exercise threats to the witnesses.

(ii) The petitioners shall cooperate with the trial.

¶10On breach of any of the bail conditions, bail order shall stand cancelled.

Send back the Case Diary.

In the above terms, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010069912024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./989/2024 NURUL AMIN HOQUE AND 2 ORS. S/O LATE POSA BEPARI R/O NO. 4 KUMOLIA P.S. BISWANATH CHARIALI DIST. BISWANATH CHARIALI, ASSAM PIN- 784176 2: AMINA KHATUN W/O MD. NURUL AMIN HAQUE R/O VILL- NO. 4 KUMOLIA P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN CODE- 784176 3: MONUWARA KHATUN D/O MD. NURUL AMIN HAQUE R/O VILL- NO. 4 KUMOLIA P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN CODE-78417 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. G PHUKAN Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND