Shirajul Islam v. The State of Assam

ORDER Date : 11-06-2024 Heard Mr. H.R.A. Choudhury, learned Senior counsel for the petitioner Shirajul Islam, who has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with a prayer for pre-arrest bail as he is apprehending arrest in connection with Moirabari Police Station Case No. 76/2024 under Section 147/148/325/448/354(B)/436/326/307 of the Indian Penal Code, 1860. Page No.# 2/3

¶2Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioner is that he along with his family members assaulted the informant and her family members, causing grave injuries on Abdul Samad @ Samed Ali, Dildar Hussain and Rumena Begum and other family members of the informant.

¶4I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary.

¶5It is submitted at the bar that there was a group clash among the family members relating to a land dispute. The petitioner is related to the informant and injured person. The victim Abdul Samad @ Samed Ali has sustained grievous injuries on his head caused by a blunt object and Dildar Hussain and Rumena Begum also sustained simple injures on their heads caused by blunt objects.

¶6After going through the Case Diary, it appears that anticipatory bail can be granted to the petitioner Shirajul Islam.

¶7In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

(i) The petitioner shall appear before the Investigating Officer within 1 (One) week and cooperate with the investigation.

(ii) The petitioner shall refrain from such activities with which he is alleged.

(iii) The petitioner shall not leave the jurisdiction of the jurisdictional Court Page No.# 3/3 without prior permission and

(iv) The petitioner shall not exercise threats to the witnesses.

¶9On breach of any of the bail conditions, bail order shall stand cancelled.

¶10In the above terms, this Anticipatory Bail application stands disposed of.

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010109152024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1435/2024 SHIRAJUL ISLAM S/O LATE MAINUDDIN, R/O LAHARIGHAT, WARD NO. 9, P.S.-MOIRABARI, DIST- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND