Jahir Uddin and 7 Ors v. The State of Assam

ORDER

24.07.2024 Heard Mr HRA Choudhury, learned Senior Counsel for the petitioners, 1) Jahir Uddin, 2) Nishan Ali, 3) Ajam Ali, 4) Mahir Uddin, 5) Manowar Hussain, 6) Akbor Ali, 7) Janik Ali @ Hazrat Ali and 8) Jakir Ali @ Jakir Hussain, and Mr R R Kaushik, learned Additional Public Prosecutor for the State of Assam. Also heard Mr M Hussain, learned counsel appearing on behalf of the informant.

¶2The petitioners have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Bilasipara PS Case Page No.# 3/6 No. 109/2024, under Sections 120(B)/302/325/34 of the Indian Penal Code, 1860.

¶3It is submitted on behalf of the petitioners that on 02.05.2024, an FIR was lodged against them by the informant, Sukur Ali and again on 12.05.2024, another FIR was lodged in connection with the same case.

¶4The learned Additional Public Prosecutor has submitted that the Case Diary has been received, which clearly reflects that both the FIRs are registered as Bilasipara PS Case No. 109/2024.

¶5It is submitted on behalf of the petitioners that both the FIRs reflect contradictory allegations.

¶6The FIR dated 02.05.2024 lodged by Sukur Ali reflects that on 01.05.2024, at about 09:00 pm, when Sukur Ali's cousin, namely, Asuruddin Sheikh was proceeding towards his house, the present petitioners surrounded him and assaulted him and killed him and flung his body into a nearby canal, near the house of the deceased.

¶7It is further alleged that a land dispute is prevailing between the parties and the petitioners have been threatening to eliminate the deceased. On 02.04.2024, the petitioners assaulted the elder brother of the deceased, namely, Nur Amin and also tried to assault the deceased and an ejahar was lodged in connection with this case.

¶8On the contrary, the second FIR dated 12.05.2024 lodged by Abdul Hoque, clearly reveals that Asuruddin went to Guwahati for work. Asuruddin had illicit relationship with the daughter-in-law of Fozor Ali (accused No. 2 named in the FIR). Then, Saman Page No.# 4/6 Ali called Asuruddin over phone on 01.05.2024. Thereafter, Asuruddin went missing. Due to the illicit affair between Asuruddin, i.e., the nephew of Abdul Hoque and the daughter-in-law of accused No. 2, the accused persons named in the FIR committed murder of Asuruddin.

¶9The learned counsel for the informant has submitted that the second FIR dated

12.05.2024 is a collusive FIR lodged in a clandestine manner by Abdul Hoque, who is the brother-in-law of the accused Abdul Hamid Sheikh @ Hamid Sheikh, to mislead the Court by taking the benefit of second FIR.

¶10I have considered the submissions at the Bar with circumspection and I have also perused the Case Diary.

¶11The Post-Mortem Report reveals an injury on the left upper eyelid and the opinion of the doctor was that death was due to asphyxia as a result of ante mortem drowning.

¶12It is submitted on behalf of the petitioners that there are no witnesses and the petitioners cannot be roped in, in connection with a serious offence only on the basis of suspicion.

¶13It is submitted that there was a land dispute prevailing between the parties and a civil case is pending between the parties.

¶14The learned counsel for the informant and the learned Additional Public Prosecutor has also submitted that a land dispute has surfaced between both the parties. Page No.# 5/6

¶15It is true that after the victim went missing, his body was recovered from a canal and strong suspicion rests upon the petitioners due to their existing animosity relating to a land dispute.

¶16After scrutinizing the Case Diary, the merits of this case are not brought to the fore.

¶17The Case Diary reveals that investigation has progressed to a considerable extent.

¶18It appears that custodial interrogation may not be required.

¶19Petitioners are local residents and they are willing to cooperate with the remaining part of the investigation. The petitioners have pledged to abide by any stringent conditions, if imposed upon them.

¶20Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 50,000/-each, with one surety each of the like amount to the satisfaction of the arresting authority, under the conditions that:-

i) the petitioners shall appear before the IO within 10 (ten) days from today and cooperate with the investigation,

ii) the petitioners shall not exercise threats to the witnesses and maintain peace; and

iii) the petitioners shall not leave the jurisdiction of the Court, without prior permission, till completion of investigation. Page No.# 6/6 On breach of any of the bail conditions, the bail order shall stand cancelled.

¶21Bail Application stands disposed of.

¶22Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010128882024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1655/2024o JAHIRoUDDINoANDo7oORSo S/OoLToMOKSEDoALI,oR/OoSAGUNMARIoPT-IV,oP.O.oANDoP.S-BILASHIPARA,o DIST-DHUBRI 2:oNISHANoALI oS/OoSARBESHoALIo@oDARABESHoALI oR/OoSAGUNMARIoPT-IV oP.O.oANDoP.S-BILASHIPARA oDIST-DHUBRI 3:oAJAMoALI oS/OoADAMoALI oR/OoSAGUNMARIoPT-III oP.O.oANDoP.S-BILASHIPARA oDIST-DHUBRI 4:oMAHIRoUDDIN oS/OoADAMoALI oR/OoSAGUNMARIoPT-III oP.O.oANDoP.S-oBILASHIPARA oDIST-DHUBRI 5:oMANOWARoHUSSAIN oS/OoABDULoGAFUR oR/OoSAGUNMARIoPT-IV oP.O.oANDoP.S-BILASHIPARA oDIST-DHUBRI 6:oAKBORoALI oS/OoKURANoALI oR/OoSAGUNMARIoPT-IV oP.O.oANDoP.S-BILASHIPARA oDIST-DHUBRI Page No.# 2/6 7: JANIK ALI @ HAZRAT ALI S/O JOHIR UDDIN R/O SAGUNMARI PT-IV P.O. AND P.S-BILASHIPARA DIST-DHUBRI 8: JAKIR ALI @ JAKIR HUSSAIN S/O JOHIR UDDIN R/O SAGUNMARI PT-IV P.O. AND P.S-BILASHIPARA DIST-DHUBR VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND