Abdur Rahman Alias Abdul Rahman @ Abdul Bhuyan and 2 Ors v. The State of Assam,

ORDER Date : 25.09.2024

Heard Mr. M. Rahman, learned counsel for the applicants. Also heard Mr. P.S. Lahkar, learned Addl. Public Prosecutor for the State respondent.

¶2This application under Section 482, BNSS, 2023, is preferred by three applicants, namely, Md. Abdur Rahman @ Abdul Rahman Bhuyan, Gulzar Hussain @ Guljar Hussain and Faruk Hussain Bhuyan @ Faruk Hussain, who have been apprehending arrest in connection with Laluk P.S. Case No.172/2023 under Section 146/147/325/326/307/353/506/224 IPC, read with Section 21(a)/21(b)/29 of the NDPS Act, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Chiranjib Borah of Harmoti Out Post on

06.09.2023.

¶4The essence of allegation made in the aforesaid FIR is that acting on a tip off, the informant and other police staff on that day, have taken into custody one Sanjay Das from the VDP members, from whom suspected Heroin was recovered and during interrogation he disclosed that he brought the seized container with drugs from one Md. Iman Ali and thereafter, the informant proceeded to Bongalmara and apprehended Md. Iman Ali and during interrogation Iman Ali disclosed that he purchased the drugs from one Tota Miya and accordingly, the informant has proceeded to the place of Tota Miya and apprehended him and Tota Miya disclosed that he brought the same from one Saddam Hussain and accordingly, they have apprehended Saddam Hussain and Page No.# 3/4 recovered some suspected drugs from his possession, while said Saddam Hussain was on his way to handover the drugs to Tota Miya, and during the time of apprehension of Saddam Hussain, he attacked police personnel and his wife Wahida Begum and his father Abu Khayer, being armed with Dao and Lathi, attacked the police personnel and injured WPC Smika Tai and when they resist the same, then 50 nos. of persons of the said locality, namely, Abdul Rahman, Abu Taleb, Nurjahan Begum, Asma Khatun, Guljar Hussain, Faruk Hussain, Umme Salma, Aftab Hussain, attacked the police personnel and Saddam Hussain managed to flee away snatching 2 nos. containers of suspected drugs from the police custody and Tota Miya also managed to escape.

¶5Mr. Rahman, learned counsel for the applicants submits that this is the third anticipatory bail application preferred by the applicants on the ground that since the time of registration of the case, sufficient time has elapsed and some of the co-accused have already been granted the privilege of pre-arrest bail, and that the applicants are innocent and no way involved with the offence alleged in the FIR, and that they are ready to cooperate with the investigating agency and will appear before the I.O. as and when directed and therefore, it is contended to allow the application.

¶6On the other hand, Mr. Lahkar, learned Addl. Public Prosecutor has vehemently opposed the application. By producing the case diary before this Court, he submits that the there are sufficient incriminating materials against the applicants in connection with the allegations made in the FIR and that the offences are very serious in nature and investigation is still going on, and that they have assaulted the police personnel, who had gone to the place of occurrence for investigation of the case, and extending the privilege of pre-arrest bail to such offenders will send wrong signal to the society and therefore, Page No.# 4/4 it is contended to dismiss the application.

¶7Having heard the submission of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Lahkar, learned Addl. Public Prosecutor.

¶8The case diary indicates that the I.O. has collected sufficient incriminating materials against all the applicants and the allegation made against the applicants are serious in nature, and investigation is still going on and some of the co-accused are yet to be arrested and therefore, extending the privilege of pre-arrest bail to the applicants, at this stage, will misdirect the investigation.

¶9Having considered above and also considering the nature of accusation and punishment prescribed for the same, this Court is of the view that this is not a fit case where the privilege of anticipatory bail can be granted to the applicants and accordingly, the anticipatory bail application stands dismissed.

¶10Case diary be returned. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010171732024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2226/2024o ABDURoRAHMANoALIASoABDULoRAHMANo@oABDULoBHUYANoANDo2oORSo S/OoLATEoMONIRUDDINo@oLATEoMONIRoUDDINoBHUYAN,o RESIDENToOFoAHMEDPURoNO.o2,oPOoISLAMGAON,oPSoBIHPURIA,oDISTo LAKHIMPUR,oASSAMo787054 2:oGULZARoHUSSAINo@oGULJARoHUSSAIN oS/OoABDULoAZIZo RESIDENToOFoAHMEDPURoNO.o2 oPOoISLAMGAON oPSoBIHPURIA oDISToLAKHIMPUR oASSAMo787054 3:oFARUKoHUSSAINoBHUYANo@oFARUKoHUSSAIN oS/OoMD.oABDURoRAHMANo@oABDULoRAHMANo@oABDULoRAHMANo BHUYAN o RESIDENToOFoAHMEDPURoNO.o2 oPOoISLAMGAON oPSoBIHPURIA oDISToLAKHIMPUR oASSAMo78705o VERSUSo THEoSTATEoOFoASSAM,o REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMAHIBURoRAHMAN,oMSoASFIAoAHMED,MRoAZIZURo RAHMAN,MR.oMoALOM,MS.oNISHAoBEGUMo AdvocateoforotheoRespondento:oPP,oASSAM,oo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN