Abdul Goni Barbhuiya and 6 Ors v. The State of Assam

PageoNo.#o1/4 GAHC010119732023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1961/2023o ABDULoGONIoBARBHUIYAoANDo6oORSo S/O-oLT.oBOSIRoUDDINoBARBHUIYA,oVILL-oKUCHILAoGRANT,oP.O.oKUCHILA BAZAR,oP.S.oANDoDIST.-oHAILAKANDI,oASSAM 2:oABDULoJALILo@oABDULoJALILoBARBHUIYA oS/O-oLT.oBOSIRoUDDINoBARBHUIYA oVILL-oKUCHILAoGRANT oP.O.oKUCHILAoBAZAR oP.S.oANDoDIST.-oHAILAKANDI oASSAM 3:oMD.oLUTFURoRAHMANo@oLUTFURoRAHMANoBARBHUIYA oS/O-oLT.oBOSIRoUDDINoBARBHUIYA oVILL-oKUCHILAoGRANT oP.O.oKUCHILAoBAZAR oP.S.oANDoDIST.-oHAILAKANDI oASSAM 4:oALIMoUDDINoBARBHUIYA oS/O-oLT.oBOSIRoUDDINoBARBHUIYA oVILL-oKUCHILAoGRANT oP.O.oKUCHILAoBAZAR oP.S.oANDoDIST.-oHAILAKANDI oASSAM 5:oAKBARoHUSSAINoBARBHUIYA oS/O-oLUTFURoRAHMANoBARBHUIYA oVILL-oKUCHILAoGRANT oP.O.oKUCHILAoBAZAR oP.S.oANDoDIST.-oHAILAKANDI oASSAM 6:oDULUoCHOUDHURY oS/O-oBUTTUoCHOUDHURY Page No.# 2/4 VILL-KUCHILA GRANT P.O. KUCHILA BAZAR P.S. AND DIST.- HAILAKANDI ASSAM 7: SAMIM UDDIN @ SAMIM UDDIN BARBHUIYA S/O-LT. FOIZUL HOQUE BARBHUIYA VILL-KUCHILA GRANT P.O. KUCHILA BAZAR P.S. AND DIST.- HAILAKANDI ASSA VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : PP, ASSAM

B E F O R E HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

20.06.2023

¶1Heard Mr. A.M. Borbhuiya, learned counsel for the petitioners as well as Mr. K.K. Das, learned Addl. P.P. appearing for the State respondent.

¶2The petitioners, namely, Abdul Goni Barbhuiya, Abdul Jalil @ Abdul Jalil Barbhuiya, Md. Lutfur Rahman @ Lutfur Rahman Barbhuiya, Alim Uddin Barbhiya, Akbar Hussain Barbhuiya, Dulu Choudhury, Samim Uddin @ Samim Uddin Barbhuiya, have filed this application under Section 438 Cr.P.C with prayer for pre-arrest bail as they are apprehending arrest in connection with Hailakandi P.S. Case No. 81/2023, under Sections Page No.# 3/4 147/148/149/447/427/326/307/354(B)379 IPC.

¶3I have considered the submissions at the Bar with circumspection and I have also scrutinized the case diary.

¶4The allegation against the petitioners is that on 18.04.2023 at about 11.30 to 12.00 A.M, there was a heated argument between Alim Uddin Barbhuiya and Komrul Islam regarding the passing of two vehicles, when the petitioners assaulted Komrul Islam. Again on

19.04.2023, to avenge the previous incident at about 5.30 P.M., the petitioner armed with deadly weapons attacked Saju Ahmed Laskar causing grievous injuries on his head and causing fracture on the hand of Ekbal Hussain Laskar. Mahmood Halim was also injured during the attacked and thereafter, when the informant Dilowar Hussain Laskar went to help Mahmood Halim, he was assaulted in the process. At about 6.00 P.M. Lutfur Rahman forcefully entered into the informant's sister house and thereafter Lutfur Rahman Barbhuiya and Alim Uddin Barbhuiya outraged her modesty. The accused persons/petitioners also broke into the house of the Ziabur Rahman Laskar and caused grievous injuries on his hand. They also injured Ayub Uddin Laskar and Baharul Alom. The petitioners also assaulted Rahela Begum and she sustained grievous injuries. All the injured persons shifted to the hospital for treatment.

¶5The injury report reveals that the Ziabur Rahman Laskar sustained injuries on his elbow and Baharul Islam fracture sustained of his skull and forehead. The medico legal report suggesting that sharp weapons were used to against the victims. There are incriminating materials against the petitioner nos. 1,2,3,4 and 5.

¶6Considering the import of the Section, under which the petitioners are booked. The Page No.# 4/4 petitioner nos. 1,2,3,4 and 5 are not granted pre-arrest bail. The prayer of the petitioner nos. 6 and 7 is allowed, after considering the case diary.

¶7In the event of their arrest, the petitioner nos. 6 and 7 shall be enlarged on bail of Rs. 50,000/- each with a suitable surety each of like amount to the satisfaction of the arresting authority, under conditions that,

(i) the petitioners will not exercise threats to the witnesses and will not tamper with the evidence,

(ii) the petitioners will appear before the I/O within 7(seven) days and co-operate with the investigation, and

(iii) the petitioners will refrain from such activities with which they are alleged, failing which the bail order of the petitioner nos. 6 and 7 will be cancelled. Send back the case diary.

JUDGE Comparing Assistant