Baharul Islam and 4 Ors v. The State of Assam

ORDER

09.05.2023 Heard Mr. K. Rahman, learned counsel for the accused-petitioners and Mr. B.B Gogoi, learned Addl. PP for the State.

¶2This bail application has been filed by the petitioners, namely, 1. Baharul Islam, 2. Mohommad Ali @ Md. Ali, 3. Abul Hussain, 4. Abdul Chalam Sheikh @ Abdul Salam Sheikh, 5. Amjad Ali, seeking bail in connection with

Sorbhog

P.S.

Case

No.

31/2023

under

Sections 120(B)/147/341/326/302/435 of the IPC. The accused-petitioner was arrested on 16.02.2023 and since then he has been in custody.

¶3An FIR dated 15.02.2023 was lodged by the informant one Sariful Ali, whereby it was alleged that on 14.02.2023 at about 8 AM that his cousin, namely, Babul Ali while proceeding to his home with bricks loaded on a tractor through the Tamulbari road, he was accosted by one Abdul Aziz who prevented him from passing over the culvert. When Babul Ali informed his family members that he has been prevented by Abdul Aziz, some of his family members came to the spot and thereafter a fight ensued between 2 (two) groups involving Babul Ali and his companions and Abdul Aziz and his companions. It was alleged that Page No.# 3/4 the family members of the informant's were attacked with sharp and dangerous weapons by the said Abdul Aziz and his family members and in the process the father and elder brother of the informant were killed.

¶4The FIR was received and registered as Sorbhog P.S. Case No.31/2023 registered under Section 120(B)/147/341/326/302/435 of the IPC and the investigations were initiated.

¶5The learned counsel for the petitioners submits that there was a scuffle between 2 (two) groups of people belonging to the family members of the informant and family members of the petitioners. It is further submitted that the family members of the petitioners had also received severe and grievous injuries at the hands of the family members of the informant during the clash and accordingly, they had also filed an FIR which was registered as Sorbhog P.S. Case No.32/2023.

¶6It is submitted that the petitioners are not at all involved in the scuffle leading to the death of the father and the elder brother of the informant.

¶7The learned counsel for the petitioners submits that they all along have cooperated with the investigation of the case.

¶8Learned Additional P.P. Submits that the case diary called for has been received along with the injury report. It is submitted by the learned Addl. P.P. that the matter is still under investigation and as it involves a scuffle between 2

(two) groups of people resulting in fatalities and police is proceeding with the investigation and at this stage, release of the petitioners on bail will hamper the further investigation of the case.

¶9Leaned counsel for the parties have been heard. The case diary which is produced before this Court has been carefully perused. Page No.# 4/4

¶10From the case diary received that there are serious allegations made in the FIR. That apart, this clash resulted in the death of some people and some other person suffered grievous injuries. There are several witnesses who are being examined and several more are left to be examined as is evident from the case diary. The investigating officer is continuing with the investigation and the charge-sheet has not yet been filed.

¶11Considering the gravity of the offences alleged as well as severity of the punishments prescribed, if convicted and considering that the matter is still under investigation and further that the charge-sheet is yet to be filed, this Court is of the view that release of the petitioners at this stage may hamper the progress of the investigation being carried on. The persons alleged to be involved in the offences including the petitioners are known to the informant and his family members and all of them reside within the same area. Taking into account all these factors, this Court is of the view that the prayer for bail at this stage of the investigation will have to be rejected.

¶12The prayer for bail is rejected. The bail petition is, accordingly, dismissed.

¶13Return the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010080992023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1386/2023o BAHARULoISLAMoANDo4oORSo S/OoLATEoSOLEMANoSHEIKHo R/OoVILL-oKALBARIo P.S.oSORBHOGo DIST.oBARPETA,oASSAM 2:oMOHOMMADoALIo@oMD.oALI oS/OoSISIRoALIo R/OoVILL-oKALBARIo P.S.oSORBHOGo DIST.oBARPETA oASSAM 3:oABULoHUSSAIN oS/OoABDULoAZIDo@oABDULoAZIZo R/OoVILL-oKALBARIo P.S.oSORBHOGo DIST.oBARPETA oASSAM 4:oABDULoCHALAMoSHEIKHo@oABDULoSALAMoSHEIKH oR/OoVILL-oKALBARIo P.S.oSORBHOGo DIST.oBARPETA oASSAM 5:oAMJADoALI oS/OoLATEoKURPANoALIo R/OoVILL-oKALBARIo P.S.oSORBHOGo DIST.oBARPETA oASSAo VERSUSo Page No.# 2/4 THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD K RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA