Saminur Rahman and 2 Ors v. The State of Assam

ORDER Date : 20-05-2024

¶1Heard Mr. S. Islam, learned counsel for the petitioners.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioners, namely, [1] Saminur Rahman [2] Aminur Rahman and [3] Akinur Rahman @ Akinur Hoque who are apprehending arrest in connection with Dhubri P.S. Case No. 63/2024, under Sections 147/148/341/326/307 of the Indian Penal Code.

¶3The allegation against the petitioners is that there was an altercation on

26.02.2024 at about 1 PM in respect of boundary. A scuffle resulted after the altercation but nobody sustained injuries. Again on 27.02.2022 at about 9:20 PM when Moinul Hoque was proceeding towards the Kalahat bazaar, the petitioners obstructed him an assaulted him causing grievous injuries.

¶4Heard Mr. R.R. Kaushik, learned Addl. PP, Assam who has submitted that there are incriminating materials against the petitioners and the victim has sustained grievous injury on his forearm.

¶5On the contrary it is submitted on behalf of the petitioners that during the incident on the previous day i.e. on 26.02.2024, the petitioner's mother sustained injuries and Annexure-2 is the Medical Report of the petitioner's mother Ms. Amina Bibi. To screen themselves from punishment, the informant has lodged this false case against the petitioners.

¶6I have considered the submissions at the Bar with circumspection. I have also scrutinised the Case Diary. Investigation has progressed to a considerable Page No.# 3/3 extent. It appears that custodial interrogation of the petitioners may not be required. The petitioners are local residents and they are not flight risks. They are willing to co-operate with the investigation.

¶7Considering all aspects, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 50,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:- i. The petitioners shall refrain from such activities with which they are alleged; and ii. the petitioners shall not exercise threats to the witnesses. On breach of any of the bail conditions, bail order shall stand cancelled. Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010085882024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1123/2024o SAMINURoRAHMANoANDo2oORS.o S/OoLATEoMONSERoALIo R/OoVILL-oKISMAToHASDAHAoPART-IIo P.S.oDHUBRIo DIST.oDHUBRI,oASSAM 2:oAMINURoRAHMAN oS/OoLATEoMONSERoALIo R/OoVILL-oKISMAToHASDAHAoPART-II oP.S.oDHUBRI o DIST.oDHUBRI oASSAM 3:oAKINURoRAHMANo@oAKINURoHOQUE oS/OoLATEoMONSERoALIo R/OoVILL-oKISMAToHASDAHAoPART-II oP.S.oDHUBRIo DIST.oDHUBRI oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oSoISLAMo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND