Jiarul Hoque v. The State of Assam

ORDER

20.04.2023

Heard Mr. M. K. Hussain, learned counsel appearing for the accused petitioner as well as Mr. B. Sharma, learned Addl. P.P., Assam appearing for the State respondent. By this second petition under Section 439 Cr.P.C., the accused-petitioner, namely, Jiarul Hoque, has prayed for grant of bail in connection with Rangjuli P.S. Case No.07/2023 under Sections 120(B)/398/399/400/353 /307 of the IPC; r/w Section 25(1-A)/27/28 of Arms Act. Page No.# 2/3 The allegation made in the FIR is that on the basis of information regarding movement of the prime accused of Agia P.S. Case No.26/22, Dudhnoi P.S. Case No.75/22, Krishnai P.S. Case No.71/22 and Dhupdhara P.S. Case No.102/22, namely Barek Ali and Rajibul@Kesa near Nagarbera and Simlitola border area in a white Bolero bearing Registration No. AS-22F-5594 for the purpose of committing another highway robbery, the informant under the command of Dy. S.P.(HQ), Goalpara along with his team placed naka checking at different locations. As the police approached the market area of Kahibari near Simlitola-Kuhiarbari Road, one Bolero vehicle came speeding towards them. The said vehicle without obeying signal to stop tried to run over the police personnel and started firing from inside the vehicle. The police fired in retaliation and stopped the vehicle, but the gang of dacoits ran away taking the advantage of heavy fog. From the vehicle 3 numbers of blank cartridges of pistol written as '7.65 KF', one khukri, one iron rod as well as one golden colour vivo mobile handset were recovered and seized. It is noticed that the accused has been in judicial custody since 21.01.2023, that is, for 89 days. It is submitted by Mr. B. Sharma, learned Addl. P.P., Assam that as per instruction investigation is not completed. Having heard the learned counsel for the parties and considering the length of detention, this Court is of the considered opinion that further continuation of detention of the accused petitioner in the interest of the ongoing investigation is not warranted. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 50,000/-with one surety of like amount to the Page No.# 3/3 satisfaction of the learned C.J.M., Goalpara subject to the following conditions-

i) That the accused/petitioner shall cooperate with the Investigating Officer as and when required;

ii) That the accused/petitioner 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 Police Officer or the Court; and

iii) That the accused/petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of commission. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010078112023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1311/2023 JIARUL HOQUE S/O AZAD HUSSAIN VILL. KHEROPARA P.O. CHECHAPANI P..S RANGJULI DIST. GOALPARA ASSAM PIN 783134 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR