Atowar Ali and 6 Ors v. The State of Assam

ORDER Date : 13-06-2024

Heard Mr. S.M. Abdullah, learned counsel for the petitioners 1. Atowar Ali,

¶2Inzamamul Hoque, 3. Joynal Abdin, 4. Sahab Ali, 5. Nirajul Miya @ Horu Geda, 6. Jahur Khan and 7. Abdul Miya.

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as they are behind bars since

16.05.2024 and 17.05.2024 respectively, in connection with Barpeta Police Station Case No. 198/2024 under Sections 147/148/149/294/325/326/307/379 of the Indian Penal Code, 1860. Page No.# 3/4

¶3Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioners is that they have entered into the premises of the informant armed with stick, dao and axe etc. and have assaulted the informant, his father and his brother Kanakjyoti Talukdar causing grave injures and the informant's father and brother had to be taken to FAAMCH, Barpeta for treatment. The petitioners have also snatched away the mobile phone, 2 (Two) ATM Cards and cash of Rs.20,000/- (Rupees Twenty Thousand) from Kanakjyoti Talukdar and his friend.

¶5The learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioners.

¶6I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary.

¶7Indeed there are incriminating materials in the Case Diary against the petitioners. However, investigation has progressed to a considerable extent. It appears that further custodial detention may not be required for the progress of investigation. The petitioners are local residents and they have pledged to abide by any stringent bail conditions if imposed upon them.

¶8Considering all aspect and in view of my foregoing discussion, petition is allowed.

¶9The petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta under the conditions that: Page No.# 4/4

(i) The petitioners shall refrain from such activities with which they are alleged.

(ii) The petitioners shall not exercise threats to the witnesses.

(ii) The petitioners shall not leave the jurisdiction of the Court without prior permission.

¶10On breach of any of the bail conditions, bail order shall stand cancelled.

¶11In the above terms, this Bail Application stands disposed of.

¶12Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010111462024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1624/2024o ATOWARoALIoANDo6oORS.o S/OoSAHEBoALIo R/OoKATLARTARIo P.S.oHOWLYo DIST.oBARPETA,oASSAM 2:oINZAMAMULoHOQUE oS/OoAKBARoMIYAo R/OoKATLARTARIo P.S.oHOWLYo DIST.oBARPETA oASSAM 3:oJOYNALoABDIN oS/OoAKBARoMIYAo R/OoKATLARTARIo P.S.oHOWLYo DIST.oBARPETA oASSAM 4:oSAHABoALI oS/OoLT.oCHANDoMOHANoALIo R/OoKATLARTARIo P.S.oHOWLYo DIST.oBARPETA oASSAM 5:oNIRAJULoMIYAo@oHORUoGEDA oS/OoLT.oAFJALoMIYAo R/OoKATLARTARIo P.S.oHOWLYo DIST.oBARPETA oASSAM Page No.# 2/4 6: JAHUR KHAN S/OLT. DOULAT KHAN R/O KATLARTARI P.S. HOWLY DIST. BARPETA ASSAM 7: ABDUL MIYA S/O LT. MIYA CHAND MIYA R/O KATLARTARI P.S. HOWLY DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND