Aros Uddin Sheikh @ Arif and 6 Ors v. The State of Assam

ORDER

30.07.2024 Heard Mr F Hoque, learned counsel for the petitioners, 1) Aros Uddin Sheikh @ Arif, 2) Surman Ali, 3) Hafijul Ali, 4) Jamad Ali @ Jamal Ali, 5) Jumar Ali Paramanik @ Jumur, 6) Nashad Ali @ Nashad Ali Sheikh and 7) Aynal Haque, who have filed this application under Section 438 of the Code of Criminal Procedure, 1973, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Fakiragram PS Case Page No.# 3/4 No. 38/2024, under Sections 143/147/148/294/326/354-B/506 of the Indian Penal Code, 1860.

¶2Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶3The allegation against the petitioners is that on 07.06.2024, at about 01:00 pm, the petitioners armed with deadly weapons and in a pre-planned manner, with the intent of promoting enmity between different religious groups, trespassed into the informant's land. They verbally abused the informant and his family members and inflicted injuries on the informant and his family members and they outraged the modesty of women. A situation of unrest was created by such activities of the petitioners.

¶4It is submitted on behalf of the petitioners that a land dispute is prevalent between both the parties and an FIR was also lodged by the accused No. 4, Jamad Ali @ Jamal Ali, against the informant and his family members with similar allegations.

¶5I have considered the submissions at the Bar.

¶6It is admitted that a land dispute is prevalent between both the sides. The scuffle and unrest between the parties have been admitted.

¶7Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioners.

¶8The injuries sustained by the victim, as recorded by the MO, is caused by blunt force impact on the hand. Page No.# 4/4

¶9I have also scrutinized the Case Diary.

¶10I have considered the submission that the petitioners have appeared before the IO and statements have been recorded.

¶11The petitioners have not violated any bail conditions.

¶12Considering all aspects and in view of my foregoing discussions, interim pre-arrest bail order dated 27.06.2024, is hereby made absolute, under the same terms and conditions.

¶13Bail Application stands disposed of.

¶14Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010128332024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1670/2024o AROSoUDDINoSHEIKHo@oARIFoANDo6oORSo S/OoMOGBULoHUSSAINoSHEIKH,oR/OoVILL-oLAMAoPARA,oP.S.- FAKIRAGRAM,oDIST-oKOKRAJHAR,oBTR,oASSAM 2:oSURMANoALI oS/OoMOGBULoHUSSAINoSHEIKH oR/OoVILL-oLAMAoPARA oP.S.-FAKIRAGRAM oDIST-oKOKRAJHAR oBTR oASSAM 3:oHAFIJULoALI oS/OoSURMANoALI oR/OoVILL-oLAMAoPARA oP.S.-FAKIRAGRAM oDIST-oKOKRAJHAR oBTR oASSAM 4:oJAMADoALIo@oJAMALoALI oS/OoMOGBULoHUSSAINoSHEIKH oR/OoVILL-oLAMAoPARA oP.S.-FAKIRAGRAM oDIST-oKOKRAJHAR oBTR oASSAM 5:oJUMARoALIoPARAMANIKo@oJUMUR oS/OoGAFURoALI oR/OoVILL-oLAMAoPARA oP.S.-FAKIRAGRAM oDIST-oKOKRAJHAR oBTR Page No.# 2/4 ASSAM 6: NASHAD ALI @ NASHAD ALI SHEIKH S/O MOGBUL HUSSAIN SHEIKH R/O VILL- LAMA PARA P.S.-FAKIRAGRAM DIST- KOKRAJHAR BTR ASSAM 7: AYNAL HAQUE S/O MOGBUL HUSSAIN SHIEKH R/O VILL- LAMA PARA P.S.-FAKIRAGRAM DIST- KOKRAJHAR BTR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND