Nurul Islam Alias Nur Islam and Ors v. The State of Assam

ORDER Date : 06-09-2024 Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. Khaleque, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam appearing for the State respondent. The present application has been instituted seeking pre-arrest bail by the petitioner namely, 1. Nurul Islam @ Nur Islam 2. Nurul Azim @ Nur Azim and 3. Ashidur Sk in connection with Sukchar P.S. Case No.39/2024 under Sections 120(B)/341/326/352/307/379/427 IPC. The above noted case was so registered basing on the FIR lodged by Mozzafor Sheikh alleging therein that the petitioners herein, along with other accused persons had assaulted his younger brother viz, Mukul Hoque, and snatched away an amount of Rs.40,000/- from him. It was alleged that there was a conspiracy to kill the younger brother of the informant. Mr. P. Borthakur, learned Additional Public Prosecutor has produced the case diary, which contains the statement of the injured Mukul Hoque. It is seen that the said victim had not implicated the present petitioner in the matter. In view of the above position, this Court is of the view that a case has been made out by the petitioner for being extended with the privilege of pre-arrest bail. Page No.# 3/3 Accordingly, in the event of arrest of the petitioners named above in connection with Sukchar P.S. Case No.39/2024 under Sections 120(B)/341/326/352/307/379/427 IPC, they shall be released on bail on furnishing a bail bond of Rs.20,000/- each with a suitable surety each of the like amount to the satisfaction of the Arresting Authority subject to the following conditions:- i. the petitioners shall appear before the I/O within 7 (seven) days from today; ii. the petitioners 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 them from disclosing such facts to the Court or any other police officer, and iii. the petitioners shall not hamper the investigation or temper with the evidence of the case.

With the above observation, the Anticipatory Bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010164622024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooAB/2138/2024 NURULoISLAMoALIASoNURoISLAMoANDoORS S/OoKOYSERoALI o RESIDENToOFoMOLAKHOWA oPSoSUKCHAR oDISToSOUTHoSALMARAoMANKACHAR oASSAMo783135 2:oNURULoAZIMo@oNURoAZIM S/OoKOYSERoALI o RESIDENToOFoMOLAKHOWA oPSoSUKCHAR oDISToSOUTHoSALMARAoMANKACHAR oASSAMo783135 o3:oASHIDURoSK S/OoKOYSERoALI o RESIDENToOFoMOLAKHOWA oPSoSUKCHAR oDISToSOUTHoSALMARAoMANKACHAR oASSAMo783135 oVERSUS THEoSTATEoOFoASSAM REPoBYoTHEoPPoASSAM 2:MOZZAFORoSHEIKH S/OoLATEoSIRAJULoHOQUE o RESIDENToOFoVILLAGEoBERABHANGAoPARToIIoPSoSUKCHAR Page No.# 2/3 DIST SOUTH SALMARA MANKACHAR ASSAM 783128 ------------ Advocate for : MR. A Z AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR