Eunus Ali and 7 Ors v. The State of Assam

ORDER Date : 15-07-2024

Heard Mr. N. Uddin, learned counsel for the petitioners namely 1. Eunus Ali, 2. Nur Hussain, 3. Nur Kalam, 4. Somer Ali, 5. Akhirul Islam, 6. Samsul Hoque, 7. Nurima Khatun and 8. Azufa Khatun.

¶2The petitioners have filed this application under Section 438 of the Code of Page No.# 3/4 Criminal Procedure, 1973 (CrPC for short) with prayer for pre-arrest bail as they are apprehending arrest in connection with Mankachar Police Station Case No. 72/2024 under Sections 148/149/341/307/325 of the Indian Penal Code, 1860.

¶3Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State and Mr. R. Islam, learned counsel for the informant.

¶4The learned Additional Public Prosecutor has raised serious objection stating that the injured victims Sobed Ali and Sanowar Ali have sustained injuries all over their body. The injuries are simple in nature but this is a case under Section 307 of the IPC as Sanowar Ali has sustained a bleeding injury on the vital part of his body i.e. on his head.

¶5The learned counsel for the informant has also raised objection against the bail petition.

¶6The allegation against the petitioners is that they assaulted Sanowar Ali and Sobed Ali. They were armed with dangerous weapons like iron rod, lathi etc. Blood stained lungi and genji were also seized in connection with this case. The petitioners are booked under a serious offence. It is also submitted at the bar that the allegation is that the petitioners, more particularly, Eunus Ali dealt blows with iron rod on Sanowar Ali's head causing bleeding injury on his head.

¶7It is submitted on behalf of the petitioners that the injured persons and their family members had attacked the petitioners on a land dispute and there was a scuffle and the injured persons Sanowar Ali and Sobed Ali had sustained injures. The injuries are simple in nature and the petitioners deserve bail. This is not a case under Section 307 of the IPC.

¶8I have considered the submissions at the bar with circumspection. I have also perused the case Diary. Indeed there are incriminating materials basically Page No.# 4/4 against Eunus Ali. There are also incriminating materials against all the petitioners but I am constrained to reject the bail petition of Eunus Ali. The merits of this case are not brought to the fore as investigation is still under progress.

¶9After considering the submissions at the bar and considering all aspects, the anticipatory bail petition of Eunus Ali is rejected at this stage.

¶10However, in the event of the arrest of the petitioner Nos. 2 to 8 namely 2. Nur Hussain, 3. Nur Kalam, 4. Somer Ali, 5. Akhirul Islam, 6. Samsul Hoque, 7. Nurima Khatun and 8. Azufa Khatun, they 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 arresting authority under the conditions that:

i) The petitioners shall refrain from such activities with which they are alleged and maintain the peace.

ii) The petitioners shall cooperate with the remaining part of the investigation.

iii) The petitioners shall not exercise threats to the witnesses and the petitioners shall not leave the jurisdiction of the Court without prior permission.

¶11On breach of any of the bail conditions, bail order shall stand cancelled automatically.

¶12In the above terms this Anticipatory Bail application stands disposed of.

¶13Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010128132024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1671/2024o EUNUSoALIoANDo7oORSo S/OoLATEoABDURoRAHMAN,oR/OoVILL-oBAMUNPARA,oP.S.-MANKACHAR,o DIST-SOUTHoSALMARAoMANKACHAR,oASSAM 2:oNURoHUSSAIN oS/OoEUNUSoALI oR/OoVILL-oBAMUNPARA oP.S.-MANKACHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM 3:oNURoKALAM oS/OoEUNUSoALI oR/OoVILL-oBAMUNPARA oP.S.-MANKACHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM 4:oSOMERoALI oS/OoLATEoHASUoSK oR/OoVILL-oBAMUNPARA oP.S.-MANKACHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM 5:oAKHIRULoISLAM oS/OoSOMERoALI oR/OoVILL-oBAMUNPARA oP.S.-MANKACHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM 6:oSAMSULoHOQUE oS/OoANORoALI Page No.# 2/4 R/O VILL- BAMUNPARA P.S.-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM 7: NURIMA KHATUN W/O EUNUS ALI R/O VILL- BAMUNPARA P.S.-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM 8: AZUFA KHATUN W/O NUR HUSSAIN R/O VILL- BAMUNPARA P.S.-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND