Waiz Uddin and 9 Ors v. The State of Assam

ORDER Date : 26-06-2024

Heard Mr. S.M. Abdullah P, learned counsel for the petitioners 1. Waiz Uddin, 2. Noor Uddin, 3. Atabur Rahman, 4. Harun Rashid, 5. Md. Fakar Uddin,

¶6Noor Mohammad, 7. Ali Akbar, 8. Rajibur Rahman and 9. Habibur Rahman

¶2The petitioners have filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as they are apprehending arrest in connection with Rupahihat Police Station Case No. 116/2024 under Sections 147/148/149/447/325/307/436/379 of the Indian Penal Code, 1860 (IPC for short).

¶3Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State, who has submitted that Case Diary is received without the injury report.

¶4It is submitted on behalf of the petitioners that no specific allegation has leveled against the petitioners. It has been alleged in the FIR in an omnibus manner that the petitioners had attacked the informant and his family members with sharp weapons.

¶5The learned counsel for the petitioners has also prayed for bail on the ground of parity as the co-accused have already been enlarged on bail vide order dated 29.05.2024 in Bail Application. No. 1531/2024

¶6I have considered the submissions at the bar with circumspection.

¶7The FIR unfolds that on 19.05.2024 at around 12.30 AM, the petitioner along with other hired henchmen trespassed into the land of the informant with Page No.# 4/4 an intention to encroach the land. They were armed with machetes, sticks and various sharp weapons and began constructing a hut on their property. When the informant and family member stopped the petitioners, they attacked the informant with an intention to commit murder. It is also submitted on behalf of the petitioners that Section 436 of the IPC is not attracted as it is apparent from the FIR that a cowshed has been set ablaze.

¶8I have considered the submissions that the petitioners are willing to cooperate with the investigation. I have scrutinized the Case Diary. Investigation has progressed to a considerable extent. The petitioners, who are on interim bail, have cooperated with the investigation and they have not violated any bail conditions.

¶9In view of my foregoing discussions, the interim order dated 04.06.2024 is hereby made absolute.

¶10Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010110312024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1455/2024o WAIZoUDDINoANDo9oORS.o S/OoLT.oSHUKURoMAMUD,oR/OoLAILURI,oP.S.-RUPAHIHAT,oDIST-NAGAON,o ASSAM 2:oNOORoUDDIN oS/OoLT.oSHUKURoMAMUD oR/OoLAILURI oP.S.-RUPAHIHAT oDIST-NAGAON oASSAM 3:oATABURoRAHMAN oS/OoMUKLESHoUDDIN oR/OoLAILURI oP.S.-RUPAHIHAT oDIST-NAGAON oASSAM 4:oHARUNoRASHID oS/OoLT.oSHUKURoMAMUD oR/OoLAILURI oP.S.-RUPAHIHAT oDIST-NAGAON oASSAM 5:oMD.oFAKARoUDDIN oS/OoLT.oSHUKURoMAMUD oR/OoLAILURI oP.S.-RUPAHIHAT oDIST-NAGAON oASSAM 6:oNOORoMOHAMMAD oS/OoLT.oABDULoMOTALIB Page No.# 2/4 R/O LAILURI P.S.-RUPAHIHAT DIST-NAGAON ASSAM 7: ALI AKBAR S/O LT. RAIS ALI R/O LAILURI P.S.-RUPAHIHAT DIST-NAGAON ASSAM 8: RAJIBUR RAHMAN S/O MUKLESH UDDIN R/O LAILURI P.S.-RUPAHIHAT DIST-NAGAON ASSAM 9: HABIBUR RAHMAN S/O ISMAIL HUSSAIN R/O LAILURI P.S.-RUPAHIHAT DIST-NAGAON ASSAM 10: ALIMUL HOQUE S/O LT. RAIS ALI R/O LAILURI P.S.-RUPAHIHAT DIST-NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND