Mijanur Rahman and 4 Ors v. The State of Assam

ORDER Date : 16.08.2024 This is a common order for these two bail applications as both the bail applications have arisen out of the same police case.

¶2Heard Mr. H.R.A. Choudhury, the learned Senior Counsel assisted by Mr. M.A. Choudhury appearing for the petitioners in Bail Appln. No. 2203/2024 and Mr. R. Ali, the learned counsel appearing for the petitioner in Bail Appln. No. 2165/2024. Also heard Mr.D. Das, the learned Additional P.P. for the State of Page No.# 3/3 Assam.

¶3Both the bail applications are filed under Section 483 of BNSS, 2023 praying for releasing the petitioners on bail, who were arrested in connection with Barpeta P. S. Case No. 214/2024.

¶4Three persons, namely, Tayeb Ali, Ramejuddin and Nur Islam committed murder of Azimuddin. They were arrested by police.

¶5During investigation, it was found that these petitioners, who are relatives of those three persons were having discussion, whereby they wanted to shift the buried body of Azimuddin to some other place.

¶6The petitioners have completed already 79 days in judicial custody.

¶7Considering the submissions made by the learned counsels of both sides and also considering the period of detention already undergone by the petitioners in custody, their bail applications are allowed.

¶8Accordingly, the petitioners, namely, Mijanur Rahman, Rajab Ali, Saddam Ali, Julmat Ali, Arijul Hoque @ Harijul Hoque and Ayub Ali @ Ayub Khan shall be allowed to go on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned C.J.M., Barpeta.

¶9Both the bail applications stand disposed of accordingly. The CD (s) shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010147102024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2165/2024o MIJANURoRAHMANoANDo4oORS.o S/OoLATEoMAINUDDIN,oR/OoVILL-oBARPALLY,oP.S.-BARPETA,oDIST-o BARPETAo(ASSAM) 2:oRAJABoALI oS/OoRAHIMoUDDIN oR/OoVILL-oBARPALLY oP.S.-BARPETA oDIST-oBARPETAo(ASSAM) 3:oSADDAMoALI oS/OoLT.oMAHURUDDIN oR/OoVILL-oBARPALLY oP.S.-BARPETA oDIST-oBARPETAo(ASSAM) 4:oJULMAToALI oS/OoLT.oMAHURUDDIN oR/OoVILL-oBARPALLY oP.S.-BARPETA oDIST-oBARPETAo(ASSAM) 5:oARIJULoHOQUEo@oHARIJULoHOQUE oS/OoABDULoGAFUR oR/OoVILL-oBARPALLY oP.S.-BARPETA oDIST-oBARPETAo(ASSAMo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM Page No.# 2/3 Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2203/2024 AYUB ALI @ AYUB KHAN S/O RIKAT ALI @ RIKAT ALI KHAN R/O VILL- BARPALLY P.O. P.S. AND DIST- BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA