Nazibul Islam and Anr v. The State of Assam

ORDER Date : 03.09.2024

Heard Mr. R. L. Chutia, learned counsel for the applicants. Also heard Mr. R. R. Kaushik, learned Addl. Public Prosecutor appearing for the State respondents. The present application under Section 438 of the Cr.PC., 1973 has been filed, praying for pre-arrest bail to the applicants in connection with Dhubri P.S. Case No. 73/2024, under Sections 143/302 IPC. The said case was so registered basing on a FIR dated 11.03.2024, filed by one Taijuddin Sk as informant, wherein, it has been alleged that the accused no. 1 and accused no. 2 named in the FIR had assaulted the father of the informant, resulting in his death. The applicants, herein, were arrayed as accused no. 3 & 4 in the FIR. However, on perusal of the FIR, no specific allegation has been so leveled against the accused no. 3 & 4 therein, i.e. the present applicants. I have perused the Case Diary as produced by R. R. Kaushik, learned Addl. Public Prosecutor appearing for the State respondents and it is nowhere to be found that there is any specific material brought on record, implicating the applicants, herein, with the assault so occasioning on the father of the informant. It is also to be noted that the accused no. 1, who, as per the FIR, assaulted the father of the informant was already enlarged on bail by the Court of the learned Addl. Sessions Judge, Dhubri, vide the order dated 13.06.2024. In view of the above discussions, I am of the considered view that the applicants, herein, are entitled to pre-arrest bail and accordingly, it is directed that in the event of arrest of the applicants, herein, in connection with Dhubri P.S. Case No. 73/2024, under Sections 143/302 IPC, they shall be enlarged on bail on Page No.# 3/3 furnishing a bail bond of Rs. 20,000/-(twenty thousand only) with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:-

¶1The applicants shall appear before the Investigating Officer and record their statements within a period of 7(seven) days from today.

¶2The applicants 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/her from disclosing such facts to the Court or to any Police Officer. With the above observations and directions, the Anticipatory bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010148412024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1940/2024o NAZIBULoISLAMoANDoANRo S/OoSABURoALIo R/OoVIL-oBOGULAMARIo P.S.oDHUBRIo DISTRICT-oDHUBRI,oASSAM 2:oHASIBULoISLAM oS/OoSABURoALIo R/OoVILL-oBAGULAMARIo P.S.oDHUBRIo DIST.oDHUBRI oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oIoCHOUDHURY,oMoINGTIo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR