Abdul Khalek and 5 Ors v. The State of Assam

ORDER

10.05.2024 Heard Mr. A. A. R. Karim, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This application filed under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused/petitioners, who has been languishing in jail hazot in connection with Gauripur P.S. Case No. 99/2024, under Sections 120(B)/147/148/353/325/307/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners, Mr. Karim, that the altercation took place between some police personal and the villagers, but, the accused/petitioners are not at all involved in the alleged offence. Further, he submits Page No.# 3/4 that the contents of the F.I.R., does not attract a case under Section 307 of IPC against the petitioners. More so, the petitioner Nos. 1 to 4; 5 and 6 are behind the bar since, 37, 35 and 34 days respectively and accordingly, considering the length of detention undergone by the accused/petitioners, they may be enlarged on bail as the I.O. has got sufficient time for their custodial interrogation. On the other hand, the learned Additional Public Prosecutor, Mr. Borthakur, has submitted that this kind of activities are going on in the society and some of the people in a pre-planned manner assault the police personal while discharging their lawful duty. Further, he submits that considering the length of detention undergone by the accused/petitioners, they may be enlarged on bail. Considering the submissions of learned counsels for both sides and without going into the merit of the case, only considering the length of detention already undergone by the accused/petitioners, I am of the view that the I.O. has got ample opportunity to interrogate the accused/petitioners in the custody and accordingly, further custodial interrogation of the accused/petitioners seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhubri, the accused/petitioners, namely, 1. Sri Abdul Khalek, 2. Sri. Sahadat Ali, 3. Sri. Aiful Islam, 4. Sri. Abdul Siddique, 5. Sri. Amzad Ali and 6. Sri. Mintu Islam, be enlarged on bail, subject to the following conditions:

(i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required;

(ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so Page No.# 4/4 as to dissuade them from disclosing such facts to the Court or to any police officer; and

(iii) that the petitioners shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Dhubri, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010092702024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1343/2024o ABDULoKHALEKoANDo5oORS.o S/OoGIYASoUDDINoSHEIKH,oR/OoVILL-oGERAMARIoPART-II,oP.O.-GERAMARI, P.S.-GAURIPUR,oDIST-oDHUBRI,oASSAM,oPIN-783339 2:oSAHADAToALIo@oKACHUo@oKASO oS/OoLATEoSAMSERoALI oR/OoVILL-oGERAMARIoPART-V oP.O.-GERAMARI oP.S.-GAURIPUR oDIST-oDHUBRI oASSAM oPIN-783339 3:oAIFULoISLAMo@oAIFULoALIo@oAIFUL oS/OoJAFORoALI oR/OoVILL-oGERAMARIoPART-V oP.O.-GERAMARI oP.S.-GAURIPUR oDIST-oDHUBRI oASSAM oPIN-783339 4:oABDULoSIDDIQUE oS/OoHAZDDINoMOULUBIo@oMOLLAH oR/OoVILL-oGERAMARIoPART-V oP.O.-GERAMARI oP.S.-GAURIPUR oDIST-oDHUBRI oASSAM oPIN-783339 5:oAMZADoALI oS/OoLATEoKACHAoSHEIKH oR/OoVILL-oGERAMARIoPART-V Page No.# 2/4 P.O.-GERAMARI P.S.-GAURIPUR DIST- DHUBRI ASSAM PIN-783339 6: MINTU ISLAM @ MINTU S/O JAHANUDDIN SHEIKH @ PADHARU R/O VILL- GERAMARI PART-V P.O.-GERAMARI P.S.-GAURIPUR DIST- DHUBRI ASSAM PIN-78333 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A A R KARIM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA