Samiul Islam and Anr v. The State of Assam

ORDER

11.09.2023 Heard Mr. S. Munir, learned counsel for the applicants and also heard Ms. A. Page No.# 2/3 Begum, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Jalukbari P.S. Case No.448/2023, under Sections 420/341/294/354/506/34 IPC, this application under Section 438 Cr.P.C. is preferred by two applicants, namely, Samiul Islam and Junmoni Begum for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of a FIR lodged by one Jintuma Begum on 28.07.2023. The essence of allegation made in the FIR dated 28.07.2023 is that Junmoni Begum, about 3 years back took a sum of ` 60,000/- as loan by executing one Dalil and thereafter, she failed to return the same. Then on 28.07.2023, at about 10:30 a.m., while she went to the house of Junmoni Begum, she rebuked her with abusive language and pickup quarrel with her and attempted to cut her by means of a thumri and hearing her hue and cry while her sister Tahira Sultana came to save her, then one Samiul Islam outraged her modesty.

¶4Mr. Munir, learned counsel for the applicants submits that the applicants have been granted interim pre-arrest bail by this Court vide order dated 04.08.2023, and they have appeared before the I.O. and they have been cooperating with the investigating agency and they have already returned a sum of ` 45,000/- and that they are ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

¶5On the other hand, Ms. A. Begum, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the applicants have been cooperating with the investigating agency.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Begum, learned Additional P.P.

¶7In view of the materials collected so far in the case diary and also in view of the progress of investigation of the case and also in view of the cooperation being extended by the applicants to the investigating agency, their custodial interrogation seems to be not warranted here in this case. Therefore, the interim order dated 04.08.2023, is hereby made absolute, in the same terms and conditions. Page No.# 3/3

¶8In terms of above, this anticipatory bail application stands disposed of.

¶9Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010170352023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2696/2023 SAMIUL ISLAM AND ANR. S/O SAFIQUL ISLAM, R/O JALUKBARI, GARIGAON, P.S.- JALUKBARI, DIST.- KAMRUP (M), ASSAM. 2: JUNMONI BEGUM W/O SAFIQUL ISLAM R/O JALUKBARI GARIGAON P.S.- JALUKBARI DIST.- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MR. C K NATH Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN