Fajaruddin Sheikh and 4 Ors v. The State of Assam

ORDER Date : 16-07-2024 Heard Mr. F. Haque, learned counsel for the petitioners namely (1) Fajaruddin Sheikh, (2) Ajad Ali Sheikh, (3) Barij Uddin Sheikh, (4) Mogbul Hussain Sheikh and 5) Jinnat Ali.

¶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

14.06.2024 in connection with Fakiragram Police Station No. 38/2024 under Sections 143/147/148/294/326/354-B/506 of the Indian Penal Code, 1860.

¶3Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State.

¶4The allegation against the petitioners is that they tried to encroach into the land of the informant, and the petitioners along with 50/60 other miscreants armed with deadly weapons attacked the informant and his family members.

¶5It is submitted on behalf of the petitioners that this case is based on a Page No.# 3/4 land dispute. The petitioners have already paid for the land but the informant and his family members are trying to grab the land. It was a group clash and both the parties have sustained injuries and the petitioners' side has also lodged an FIR against the informant and his family members.

¶6The learned Additional Public Prosecutor has submitted that there are incriminating materials against the petitioners and several victims have sustained grievous injuries. The petitioners do not deserve bail. Investigation may be adversely affected if the petitioners are admitted to bail.

¶7I have considered the submissions at the bar with circumspection.

¶8I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners. The victims have sustained grievous injuries caused by blunt weapon. However, investigation has progressed to a considerable extent. It appears that custodial detention may not be required for further progress of the investigation.

¶9I have considered the submission that the petitioners are willing to cooperate with the remaining part of the investigation. The petitioners are local residents and they are not flight risks.

¶10Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶11The 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 Additional Chief Judicial Magistrate, Kokrajhar under the conditions that:

(i) The petitioners shall refrain from such activities with which they are alleged and maintain the peace. Page No.# 4/4

(ii) The petitioners shall not exercise threats to the witnesses and tamper with the evidence and

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

¶12On breach of any of the bail conditions, bail order shall stand cancelled.

¶13In the above terms, this Bail Application stands disposed of.

¶14Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010128302024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1918/2024o FAJARUDDINoSHEIKHoANDo4oORS.o S/OoMOGBULoHUSSAINoSHIEKH,oR/OoVILL-oLAMAoPARA,oP.S.- FAKIRAGRAM,oDIST-KOKRAJHAR,oBTR,oASSAM 2:oAJADoALIoSHEIKH oS/OoMOGBULoHUSSAINoSHIEKH oR/OoVILL-oLAMAoPARA oP.S.-FAKIRAGRAM oDIST-KOKRAJHAR oBTR oASSAM 3:oBARIJoUDDINoSHEIKH oS/OoMOGBULoHUSSAINoSHIEKH oR/OoVILL-oLAMAoPARA oP.S.-FAKIRAGRAM oDIST-KOKRAJHAR oBTR oASSAM 4:oMOGBULoHUSSAINoSHEIKH oS/OoLATEoAKINoSHEIKH oR/OoVILL-oLAMAoPARA oP.S.-FAKIRAGRAM oDIST-KOKRAJHAR oBTR oASSAM 5:oJINNAToALI oS/OoALAoBOSCO oVILL-oKACHUKHATA oP.S.-GOSSAIGAON oDIST-KOKRAJHAR oBTR Page No.# 2/4 ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR F HAQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND