Koyser Ali @ Kosor Ali 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 regular bail by the petitioners namely, 1. Koyser Ali @ Kosor Ali 2. Nur Hussain Sk and 3. Nur Mohammad 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 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 petitioner. Mr. P. Borthakur, learned Additional Public Prosecutor has produced the case diary and submits that the victim Mukul Hoque has implicated the present petitioners. Learned Additional Public Prosecutor has vehemently opposed to grant bail to the present petitioners. I have considered the submission made by the learned counsel for the parties and also perused the case diary. However, considering the length of detention undergone by the petitioners herein, this Court is of the view that custodial interrogation of the present petitioners would not be called for. Therefore, the petitioners are entitled to be enlarged on bail. Page No.# 3/3 Accordingly, it is directed that the petitioner named above shall be released on bail in connection with Sukchar P.S. Case No.39/2024 under Sections 120(B) /341 /326 /352 /307/ 379/427 IPC on furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) each with a suitable surety of the like amount to the satisfaction of the learned CJM, South Salmara, Mankachar subject to the following conditions:

(i) that the petitioners shall cooperate the Investigating Officer as and when required;

(ii) that 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 him from disclosing such facts to the Court or to any police officer; and

(iii) that the petitioners shall not leave the jurisdiction of the learned Chief Judicial Magistrate, South Salmara, Mankachar without prior permission. With the above observation and direction, the Bail Application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010164622024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2421/2024o KOYSERoALIo@oKOSORoALIo S/OoLATEoKOFILoUDDIN,o RESIDENToOFoMOLAKHOWA,oPSoSUKCHAR,oDISToSOUTHoSALMARAo MANKACHAR,oASSAMo783135 2:oNURoHUSSAINoSK oS/OoKOYSERoALIo RESIDENToOFoMOLAKHOWA oPSoSUKCHAR oDISToSOUTHoSALMARAoMANKACHAR oASSAMo783135 3:oNURoMOHAMMADoSK oS/OoKOYSERoALIo RESIDENToOFoMOLAKHOWA oPSoSUKCHAR oDISToSOUTHoSALMARAoMANKACHAR oASSAMo78313o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPPoASSSAM 2:MOZZAFORoSHEIKH oS/OoLATEoSIRAJULoHOQUE o RESIDENToOFoBERABHANGAoPARToII oPSoSUKCHAR oDISToSOUTHoSALMARAoMANKACHAR oASSAMo78312o AdvocateoforotheoPetitionerooooo:oMR.oAoZoAHMED,oSoWoHUSSAIN,MR.oMoHUSSAINo Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR