Alta Mazarbhuiya @ Altaf Hussain Mazarbhuiya and 3 Ors v. The State of Assam

ORDER

28.06.2024

¶1Heard learned counsel Mr. A. M. Barbhuiya for the petitioners, namely (i) Alta Mazarbhuiya, (ii) Abdul Sohid Laskar, (iii) Shiblahmed Mazarbhuiya, and (iv) Masum Uddin Choudhury.

¶2This application has been filed by the petitioners under Section 439 of the Cr.PC with prayer for bail as they are behind bars since 14.05.2024 in connection with Hailakandi P.S. Case No. 39/2024 under Section 395 of the IPC, corresponding to GR Case No. 135/2024.

¶3Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Learned Additional Public Prosecutor has raised serious objections against prayer for bail without perusal of the Case Diary stating that this is a serious offence and is under trial by the Sessions Court.

¶5The allegation against the petitioners is that on 09.02.2024 at about 4'o clock, the petitioners assaulted the informant and his family members causing grave injuries. The petitioners were armed with chopper, stick, rod and sharp deadly weapons. The petitioners also snatched away Rs. 1 lac from the informant.

¶6I have considered the submissions at the Bar with circumspection. Page No.# 3/4

¶7It is submitted at the Bar that the FIR prima facie reveals that there are incriminating materials against the petitioners.

¶8I have also considered the submissions that the petitioners have been behind bars for 44 days.

¶9It is also submitted that investigation has presumably progressed to a certain extent. The petitioners have pledged to co-operate with the remaining part of the investigation and abide by any stringent bail conditions and to maintain peace.

¶10Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioners are enlarged on bail of Rs 50,000/- each, with suitable surety of like amount to the satisfaction of the learned CJM, Hailakandi, under the conditions that

(i) the petitioner shall refrain from such activities with which they are alleged and maintain peace,

(ii) the petitioners shall not exercise threats to the witnesses and try to influence them, and

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

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

JUDGE Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010127902024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1893/2024o ALTAoMAZARBHUIYAo@oALTAFoHUSSAINoMAZARBHUIYAoANDo3oORS.o S/OoNAMORoALIoMAZARBHUIYAo VILL-oCHEPTIoBORJAPUR,P.O.oRANGAUTI,oP.S.oANDoDIST.oHAILAKANDI,o ASSAM 2:oABDULoSOHIDoLASKARo@oBAPPON oS/OoLT.oALIoRAJAoLASKARo VILL-oCHEPTIoBORJAPUR oP.O.oRANGAUTI oP.S.oANDoDIST.oHAILAKANDI oASSAM 3:oSHIBLAHMEDoMAZARBHUIYAo@oSIBULoAHMEDoMAZARBHUIYA oS/OoLT.oSAYORoALIo MAZARBHUIYA oVILL-oCHEPTIoBORJAPUR oP.O.oRANGAUTI oP.S.oANDoDIST.oHAILAKANDI oASSAM 4:oMASUMoUDDINoCHOUDHURY oS/OoLT.oJOMIRoUDDINoCHOUDHURYo@oJOMILoUDDINoCHOUDHURYo VILL-oNARAINPURoPART-II oP.S.oANDoDIST.oHAILAKANDI oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoMoBARBHUIYAo Page No.# 2/4 Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND