Sofiqul Islam and Anr v. The State of Assam

ORDER Date : 12-08-2024

¶1Heard Ms. B. Gogoi, learned counsel for the petitioners 1. Sofiqul Islam and 2. Fojal Hoque @ Fajal Hoque. Page No.# 2/3

¶2The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind behind bars since 29.06.2024 in connection with Umrangso Police Station Case No. 10/2024 under Sections 406/420/468/471 of the IPC.

¶3Heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that the person namely, Abul Awal whose GSTIN number has been cancelled, was generating E-way bills in the name of the informant, Biren Singh Enghi. It is also submitted on behalf of the petitioners that the co-accused had already been enlarged on bail. The petitioners have prayed for bail on the grounds of parity.

¶5I have considered the submissions at the bar with circumspection.

¶6I have considered the submissions on behalf of the petitioners that the petitioners are willing to cooperate with the remaining part of the investigation and they are willing to abide by any stringent bail conditions, if imposed upon them. The petitioners are local residents and they are not flight risks.

¶7In view of my foregoing discussions, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the learned CJM, Dima Hasao under the conditions that:

(i) The petitioners shall refrain from such activities with which they are alleged,

(ii) The petitioners shall co-operate with the remaining part of the investigation, and Page No.# 3/3

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

¶8On breach of any of the bail conditions, bail order shall stand cancelled.

¶9In the above terms, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010144732024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2170/2024 SOFIQUL ISLAM AND ANR. S/O BELLAL HUSSAIN R/O BHARALKUDI BEEL, P.S. JOGIGHOPA DIST. BONGAIGAON, ASSAM 2: FOJAL HOQUE @ FAJAL HOQUE S/O DILSAD ALI R/O BHARALKUNDI KOREYA PT. 1 P.S.JOGIGHOPA DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MRS. B GOGOI, MS M BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND