Emdadul Hoque and 4 Ors v. The State of Assam

ORDER

01.09.2023 Heard Mr. B. Chowdhury, learned counsel for the applicants and also heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Fakirganj P.S. Case No.76/2013, under Sections 420/468/471/506/34 IPC, this application under Section 438 Cr.P.C. is preferred by 5(five) applicants, namely, Md. Emdadul Hoque, Md. Abul Hussain, Md. Moynul Hoque Choudhury, Md. Ibrahim Ali and Md. Osman Ali for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Rabiul Hussain on 08.05.2013. The essence of allegation made in the FIR is that the informant, who was working as Hindi Teacher since

11.03.1998 in Kathulipara Pre-Serior Madrassa, was wrongfully restrained in entering into the school in the year 2011, by the applicants and also prevented him from putting his signature in the attendance register and later on, obtaining document through RTI he came to know that the applicants had prepared one forged resignation letter showing that he had resigned from the post on 02.01.2006 and also prepared one money receipt with false and forged signature of the informant and now they are showing applicant No.4 Md. Page No.# 3/3 Ibrahim Ali as the Hindi Teacher of the said Madrassa.

¶4Mr. Chowdhury, learned counsel for the applicants submits that this Court was pleased to extend interim protection to the applicants vide order dated 27.04.2023, and pursuant to the said order, they appeared before the I.O. and their statements are also recorded by the I.O. and they have been cooperating with the investigating agency. Therefore, a prayer is being made to make the interim order dated 27.04.2023, absolute, in the same terms and conditions.

¶5On the other hand, Mr. M.P. Goswami, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the I.O. has collected some materials in support of the allegation made in the FIR. However, Mr. Goswami submits that the I.O. has examined several witnesses and also seized relevant documents of the case.

¶6Having heard the submission of learned Advocates of both sides, I have gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Goswami, learned Additional P.P.

¶7It appears from the case diary that the applicants had appeared before the I.O. and their statements have been recorded. The case diary also indicates that substantial progress has been achieved in the investigation of the case by the I.O. Since the applicants have been extending cooperation with the investigating agency, their custodial interrogation seems to be not warranted here in this case and accordingly, this Court is inclined to make the interim order dated 27.04.2023 absolute, in the same terms and conditions.

¶8In terms of above, this anticipatory bail application stands disposed of.

¶9Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/3 GAHC010085542023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1475/2023o EMDADULoHOQUEoANDo4oORS.o S/OoLATEoKAZIMoUDDINo@oLATEoRAZIMoUDDINo R/OoVILL-oSALMARAoPART-Io KATHULIPARAo P.S.oFAKIRGANJo DIST.oDHUBRI,oASSAM 2:oMD.oABULoHUSSAIN oS/OoSUKURoALIoFAKIRo R/OoVILL-oSALMARAoPART-IIo KATHULIPARAo P.S.oFAKIRGANJo DIST.oDHUBRI,oASSAM 3:oMD.oMOYNULoHOQUEoCHOUDHURY oS/OLATEoJAKIMoBOXOo R/OoVILL-oSALMARAoPART-I KATHULIPARA P.S.oFAKIRGANJo DIST.oDHUBRI,oASSAM 4:oMD.oIBRAHIMoALI oS/OoLATEoELAHIoBOXOo R/OoVILL-oSALMARAoPART-Io KATHULIPARAo P.S.oFAKIRGANJo DIST.oDHUBRI,oASSAM 5:oMD.oOSMANoALI oS/OoHASENoALIoSK.o R/OoVILL-oSALMARAoPART-IIo KATHULIPARAo P.S.oFAKIRGANJo DIST.oDHUBRI Page No.# 2/3 ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN