Rajumoni Ali @ Aminul Hoque v. The State of Assam

ORDER

15.07.2024

Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. M. Hoque, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. This is an application made under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023 seeking bail by the accused/petitioner, namely, Rajumoni Ali @ Aminul Hoque, who was arrested on 20.06.2024 in connection with Sipajhar P.S. Case No. 94/2024 registered under Sections 120(B)/420/468/506 of IPC. Mr. Baishya, learned Additional Public Prosecutor for the State of Assam has vehemently objected the prayer of the petitioner to grant bail. It is seen that co-accused have already been enlarged on bail. It is also seen that there are civil litigation pending between the parties and the incident occurred in connection with such civil dispute. The petitioner was arrested on 20.06.2024 and since then, he is in custody. Considering the matter in entirety and the period of detention, this Court is of the considered opinion that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation. Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount to the satisfaction of the learned Sub Divisional Judicial Magistrate, Darrang, Mangaldoi, Assam, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Sub Divisional Judicial Magistrate, Darrang, Mangaldoi, Assam, without prior written permission from him/her;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) Shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office. Page No.# 3/3 In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010137922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2014/2024 RAJUMONI ALI @ AMINUL HOQUE S/O MD. NIZAMUDDIN AHMED, R/O VILL- KHAS SONAPUR, P.S.-SIPAJHAR, DIST- DARRANG, ASSAM 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 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY