Babul Hussain Barbhuiya and Anr v. The State of Assam

ORDER Date : 21.04.2023 Heard Mr. N. H. Barbhuiya, learned counsel appears for Page No.# 2/4 the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

¶2The bail application has been preferred by the petitioners seeking bail as they are arrested in connection with Sonai P.S. Case No. 37/2023 corresponding to G.R. Case No. 888/2023 under Section 147/326/379/436 of IPC.

¶3An FIR dated 11.03.2023 was lodged by the informant, one, Nazmul Hussain Barbhuiya alleging assault and causing injury to the brother of the informant because of which the injured person had to be admitted to Silchar Medical College and Hospital, Silchar and is undergoing treatment. There is a further allegation of the accused No. 2, namely, the petitioner No.2, herein, to have set fire to the sub-centre, where the mother of the informant is working as a ASHA worker and causing damage to the documents and furniture as well as the various other articles kept in the said centre.

¶4The said FIR was received and registered as Sonai P.S. Case No. 37/2023 corresponding to G.R. Case No. 888/2023 under Section 147/326/379/436 of IPC.

¶5In pursuant to the investigation initiated, the petitioner was arrested on 12.03.2023 and since then they are in custody.

¶6This Court by order dated 11.04.2023 directed the Case Diary to be produced. Case Diary as directed has been produced before this Court today. Page No.# 3/4

¶7The Medical Report reveals injuries caused by blunt weapons on the person, who stated to be the brother of the informant. One injury is caused on the leg shown to be the grievous in nature, whereas, the other injuries are shown to be simple in nature. The case dairy has been carefully perused and it is seen that the statements of the various witnesses and the accused persons have been recorded. The investigation in the matter has been carried on but no charge-sheet has been filed as on date.

¶8Upon perusal of the case dairy, no materials are seen to suggest that further custodial detention of the petitioner is necessary for continuing the investigation. No materials are available to suggest that the petitioners detention is necessary to complete the investigation, which is carried on. No materials are also available to suggest that the release of the petitioner at this stage will cause any impediment to the investigation carried on by the Police.

¶9Accordingly, petitioners are directed to be released on bail forthwith subject to executing a bail bond of Rs.25,000/-(Rupees twenty five thousand) only each with 1 local surety of like amount subject to the satisfaction of the Chief Judicial Magistrate, Silchar, Cacher. The bail, granted however, subjected to the following conditions:-

i) The petitioners shall continue to appear before the police once a month and cooperate with the Investigating Officer as and when required, till Page No.# 4/4 completion of investigation.

ii) The petitioners shall not change his residence or place of business, without prior written permission from the Court of Chief Judicial Magistrate, Silchar, Cacher.

iii) That the petitioners shall not hamper or tamper with the investigation in any manner; and

iv) That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

¶10If any of the conditions are found to be violated by the petitioners then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the accused.

¶11With the above direction, the anticipatory bail petition is accordingly allowed and disposed of.

¶12Return the case dairy.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010072822023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1312/2023 BABUL HUSSAIN BARBHUIYA AND ANR S/O LT. SIRAJ UDDIN BARBHUIYA VILL- DHANEHARI PT. II P.S. SONAI, DIST. CACHAR, ASSAM 2: RAKIB HUSSAIN BARBHUIYA S/O BABUL HUSSAIN BARBHUIYA VILL- DHANEHARI PT. II P.S. SONAI DIST. CACHAR ASSA VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N H BARBHUIYA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA