Fajlul Hoque and 2 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010156572024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2119/2024o FAJLULoHOQUEoANDo2oORSo S/OoLToKESHARoUDDINo PERMANENToRESIDENToOFo VILL-oBORBILA,oPART-I,oGARERoGAON)o P.O.oOWRARPAR,oP.S.oDHUBRI,o DIST.oDHUBRI,oASSAM,o PIN-o783324o MOBILEoNO.o7002778142 2:oLOKMANoHAKIM oS/OoLToKESHARoUDDINo PERMANENToRESIDENToOFo VILL-oBORBILA oPART-I oGARERoGAON)o P.O.oOWRARPAR oP.S.oDHUBRI o DIST.oDHUBRI oASSAM o PIN-o783324o MOBILEoNO.o7002778142 3:oMOHIBULoHOQUE oS/OoSURMAHAMMADo PERMANENToRESIDENToOFo VILL-oBORBILA oPART-I oGARERoGAON)o P.O.oOWRARPAR oP.S.oDHUBRI o DIST.oDHUBRI Page No.# 2/3 ASSAM

PIN-783324 MOBILE NO. 700277814 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A K AHMED, MD A ISLAM,MRS J DUTTA Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

29.08.2024

Heard the learned counsel Mr. A.K. Ahmed appearing for the petitioner. I have also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Dhubri P.S. Case No.249/2024, registered under Sections 109

(1)/3(5) of the BNS, 2023.

¶3On the day of occurrence, the present petitioner was driving a car. At one point of time, he hit the motorcycle which was going ahead of him.

¶4The rider of the motorcycle sustained some injuries and he lodged an FIR before police alleging that because of some other disputes, the petitioner had intentionally hit him with the car. Page No.# 3/3

¶5Mr. Borthakur submits that the medical report suggested that the informant sustained simple injuries only.

¶6Mr. Ahmed submits that this is a case of simple accident because on that date, the weather was bad and the road condition was also bad.

¶7I have considered the submissions made by the learned counsel of both sides.

¶8This Court is of the opinion that under the given circumstances of the case, the petitioners do not deserve to be detained in custody. Therefore, their pre-arrest bail application is allowed.

¶9It is hereby directed that in the event of arrest in connection with Dhubri P.S. Case No.249/2024, registered under Sections 109 (1)/3(5) of the BNS, 2023, the petitioners, namely- (1) Fajlul Hoque, (2) Lokman Hakim and (3) Mohibul Hoque shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the arresting authority.

¶10The petitioners shall co-operate with the police investigation as and when required. The application for bail is disposed of accordingly. Case diary shall be returned.

JUDGE Comparing Assistant