Sofiqul Islam and 5 Ors v. The State of Assam

ORDER Date : 01.08.2023

Heard Mr. L.R. Mazumdar, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioners, namely, 1. Sofiqul Islam, 2. Mohijol Hoque,

¶3Mominul Islam @ Monu Sk, 4. Idrish Ali Ahmed @ Liton Hoque, 5. Abul Kalam Khan and 6. Samirul Islam, in connection with South Salmara Police Station Case No. 202/2023, registered under Sections 147/148/325/326/307/354(B) IPC. The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case. It is also submitted that the petitioners are the guardian of the Jatiya Bidyalaya and on the day of the incident, there was a general meeting and the police personnel were also present and as such, Page No.# 3/4 it is not possible to attack the brother of the victim with sharp cutting weapon causing injuries to him. Learned counsel further submitted that regarding outraging modesty of the sister-in-law of the informant, which is also a false allegation. At this juncture, custodial interrogation of the petitioners are not required. Hence, benefit of pre-arrest bail be granted to the petitioners. On the other hand, Mr. Das, learned Additional Public Prosecutor for the State has opposed in granting the previlege of pre-arrest bail to the petitioners. It is also submitted that there is an allegation against the petitioners that they had strangulated the victim. However, it is seen from the injury report that the victim sustained simple injury caused by blunt object. Therefore, the prayer of the petitioners may not be considered at this stage. I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. It appears from the statement of the witnesses as well as the injury report of the victim that the victim sustained simple injuries caused by blunt object. Considering the facts as well as the materials available in the case diary, this Court is of the view that custodial interrogation of the petitioners is not required, therefore, they are granted the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest of the petitioners, named above, in connection with South Salmar Police Station Case No. 202/2023, registered under Sections 147/148/325/326/307/354(B) IPC, they shall be released on furnishing bail bond of Rs.10,000/- each with a suitable surety each of the like amount, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioners: Page No.# 4/4

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(b) 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 officer. The anticipatory bail application stands disposed of accordingly. Return the case diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010154432023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2458/2023o SOFIQULoISLAMoANDo5oORSo S/O-oSHOHIJOLoHOQUE,o VILL-oBHIMAPARA 2:oMOHIJOLoHOQUE oS/O-oLATEoSOLIMUDDINoSK o VILL-oBHIMAPARA 3:oMOMINULoISLAMo@MONUoSK oS/O-oLATEoSOLIMUDDINoSK o VILL-oBHIMAPARA 4:oIDRISHoALIoAHMEDo@LITONoHOQUE oS/O-oMOTIORoRAHMANo o VILL-oCHARKANAIMARA 5:oABULoKALAMoKHAN oS/O-oLATEoNAZIMUDDINoSK o VILL-oBHIMAPARA 6:oSAMIRULoISLAM oS/O-oKAYEMoSK o VILL-oSONAPURo o ALLoAREoUNDERo o P.S-oSOUTHoSALMARA o Page No.# 2/4 DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM Advocate for the Petitioner : MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI