Abdul Kuddus and 3 Ors v. The State of Assam

ORDER

11.06.2024

¶1Heard learned counsel Mr. T. K. Bhuyan for the petitioners, namely (i) Abdul Kudus, (ii) Saiful Islam, (iii) Sofiqul Islam, and (iv) Lalsan Ali.

¶2This application has been filed by the petitioners under Section 438 of the Cr.PC with prayer for bail in connection with Abhayapuri P.S. Case No. 251/19 under Sections 143/341/325/326/506 of the IPC, as Charge-sheet has been submitted against them on 28.11.2019. Thereafter the Elaka Magistrate received this case on transfer for disposal and vide order dated 29.09 2021, fixed the case for appearance on 21.01.2022.

¶3On 04.05.2022, the Elaka Magistrate passed an order issuing summons to the petitioners.

¶4It is submitted that the petitioners did not receive summons issued earlier.

¶5As soon as they have received summons, the petitioners have approached this Court for anticipatory bail as they are apprehending arrest on being booked under Sections 143/341/325/326/307/507 of the IPC.

¶6As the petitioners are booked under a Sessions triable case, they are apprehending that they will be forwarded to custody and they have prayed for protection. Page No.# 3/3

¶7The petitioners are willing to appear before the Trial Court and co-operate with the trial.

¶8Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶9I have considered the submissions at the Bar with circumspection.

¶10I have considered the submissions that the petitioners are willing to co-operate with the trial.

¶11I have also considered the submissions that the petitioners have not received summons issued against them earlier.

¶12The petitioners are hereby directed to appear before the learned Trial Court within 20 days and apply for bail which may be considered by that Court as per merits of the case.

¶13Till then, no coercive action is to be taken. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010115182024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1512/2024o ABDULoKUDDUSoANDo3oORS.o S/OoLATEoJANGSHERoALI,oR/OoVILL-oMATRAGHOLA,oP.O.-KIRTANPARA,o P.S.-ABHAYAPURI,oDIST-oBONGAIGAON,oASSAM 2:oSAIFULoISLAM oS/OoABDULoKUDUS oR/OoVILL-oMATRAGHOLA oP.O.-KIRTANPARA oP.S.-ABHAYAPURI oDIST-oBONGAIGAON oASSAM 3:oSOFIQULoISLAM oS/OoABDULoKUDUS oR/OoVILL-oMATRAGHOLA oP.O.-KIRTANPARA oP.S.-ABHAYAPURI oDIST-oBONGAIGAON oASSAM 4:oLALSANoALI oS/OoABDULoBAREK oR/OoVILL-oMATRAGHOLA oP.O.-KIRTANPARA oP.S.-ABHAYAPURI oDIST-oBONGAIGAON oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM Page No.# 2/3 Advocate for the Petitioner : MR A ALI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND