Mashidul Islam and 7 Ors v. The State of Assam

ORDER Date : 22-05-2024

¶1Heard learned counsel Mr. S. Ahmed 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] Mashidul Islam [2] Maynul Hoque [3] Aminul Islam @ Aminul Mandal [4] Eyasin Ali @ Eyasin Mandal [6] Mijanur Rahman [7] Moinul Hoque and [8] Aminul Islam who are apprehending arrest in connection with Sorbhog P.S. Case No. 51/2024, under Sections 147/341/323/325/326 of the Indian Penal Code corresponding to G.R. Case No. 462/2024.

¶3It is submitted by the learned counsel for the petitioners that the petitioner No. 5 Abdul Latif has already been arrested and enlarged on bail so he has not pressed for bail of petitioner No. 5.

¶4Heard Mr. D. Das, learned Addl. PP, Assam, who has raised serious objection against the anticipatory bail of the petitioners. It is submitted that there are incriminating materials against the petitioners and the Injury Report clearly reveals that Al Farid Ahmed sustained several injuries starting from his head upto his leg. Two head injuries were detected on examination. The injuries are however simple in nature caused by blunt objects. The other injured person Ahmasud Ahmed sustained grievous injuries on his right hand and an x-ray has been suggested for his lumbar region. Al Farid Ahmed has also sustained several Page No.# 4/4 injuries on his head and Anwara Khatun has sustained injuries on her person. It is submitted by the learned Addl. PP that the petitioners are not entitled to bail.

¶5The FIR unfolds that on 12.04.2024 at about 5 PM the petitioners assaulted Al Farid with a sharp weapon. When the informant along with his family members tried to resist they were also assaulted in the process.

¶6I have scrutinised the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners. One injured person has sustained grievous injuries and the other injured person has sustained two head injuries. At this juncture there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioners. Petition stands rejected at this stage. Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010090422024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1181/2024o MASHIDULoISLAMoANDo7oORSo S/OoHANIFoALIoMANDALo R/OoVILL-oBHETMARIoTUP,o P.O.oCHUKRUNGBARI,oP.S.oSORBHOGo DIST.oBARPETA,oASSAMo PIN-781315 2:oMAYNULoHOQUE oS/OoHANIFoALIoMANDALo R/OoVILL-oBHETMARIoTUP o P.O.oCHUKRUNGBARI oP.S.oSORBHOGo DIST.oBARPETA oASSAMo PIN-781315 3:oAMINULoISLAMo@oAMINULoMANDAL oS/OoHANIFoALIoMANDALo R/OoVILL-oBHETMARIoTUP o P.O.oCHUKRUNGBARI oP.S.oSORBHOGo DIST.oBARPETA oASSAMo PIN-781315 4:oEYASINoALIo@oEYASINoMANDAL oSONoOFoHAJARAToALIo R/OoVILL-oBHETMARIoTUP o P.O.oCHUKRUNGBARI oP.S.oSORBHOGo DIST.oBARPETA Page No.# 2/4 ASSAM PIN-781315 5: ABDUL LATIF S/O LATE OSMAN ALI R/O VILL- BOGORIGURI GAON P.O. CHUKRUNGBARI P.S. SORBHOG DIST. BARPETA ASSAM PIN-781315 6: MIJANUR RAHMAN S/O MD. RAMJAN ALI R/O VILL- BOGORIGURI GAON P.O. CHUKRUNGBARI P.S. SORBHOG DIST. BARPETA ASSAM PIN-781315 7: MOINUL HOQUE S/O AZIZUR HOQUE R/O VILL- BOGORIGURI GAON P.O. CHUKRUNGBARI P.S. SORBHOG DIST. BARPETA ASSAM PIN-781315 8: AMINUL ISLAM S/O AZIZUR HOQUE R/O VILL- BOGORIGURI GAON P.O. CHUKRUNGBARI P.S. SORBHOG DIST. BARPETA ASSAM PIN-78131 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J A AHMED Page No.# 3/4 Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND