Md Ilias Ahmed and 6 Ors v. The State of Assam

ORDER

03.12.2024

¶1Heard Mr. B. Chowdhury, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This application under Section 482 of BNSS, 2023 has been filed Page No.# 3/6 by the petitioners, namely, (1) Md. Ilias Ahmed, (2) Md. Akram Hussain,

(3) Md. Imran Husasin, (4) Md. Mohibul Haque, (5) Md. Khurshid Alom,

(6) Md. Sahinur Islam and (7) Md. Manowar Hosen, who are apprehending their arrest in connection with Dhupdhara P.S. Case No. 41/2024(corresponding to G.R. No. 626/2024) under Section 148/447/325/326/506 of the Indian Penal Code, 1860.

¶3The gist of accusation in this case is that on 28.06.2024, one Musstt. Jonali Begum had lodged an FIR before the Officer-In-Charge of Dhupdhara police station naming 21 numbers of accused persons in the FIR, including the present petitioners. In the FIR, it has been alleged, inter alia, that on 28.06.2024, at about 9:00 AM in the morning when the husband of the first informant, namely, Rajnur Islam, along with few others were planting Betel nut saplings in their land, the accused persons named in the FIR trespassed into the land armed with deadly weapon and attacked the husband of the first informant and others causing serious injuries on their persons.

¶4The learned counsel for the petitioners have submitted that there is a property disputes between the parties and civil litigation is also pending between them and the incident occurred on the said day due to sudden fight between both the parties over dispute over the property.

¶5The learned counsel for the petitioners have also submitted that in the altercation as sudden fight which occurred on the day of incident, the family members of the petitioners also sustained injuries due to the assault by the other side and in this respect, an FIR was lodged by one Sairun Nesa, i.e. wife of Manjil Haque, who has also been made as an Page No.# 4/6 accused in this case.

¶6The learned counsel for the petitioners have also submitted that in the meanwhile, the co-accused Manjil Haque, has already been granted bail by this Court, by order dated 10.09.2024, passed in Bail Application No. 2548/2024. He has also submitted that one another co-accused namely, Md. Akram Hussain, who also granted interim bail by this Court on

10.09.2024 and in pursuant to the directions of this Court, he has appeared before the Investigating Officer of Dhupdhara P.S. Case No. 40/2024, and has co-operated in the investigation. He has submitted that all the remaining petitioners are ready to co-operate in the investigation and considering the facts of this case, their custodial detention may not be necessary.

¶7On the other hand, learned Additional Public Prosecutor has produced the case diaries of both Dhupdhara P.S. Case No. 41/2024(instant case) as well as Dhupdhara P.S. Case No. 40/2024(case registered on the basis of FIR lodged by one Jonali Begum and Sairun Nesa.

¶8On perusal of both the case diaries which contains the injury reports, it appears that members of both the sides, sustained injury. It also appears that Md. Akram Hussain, who was granted interim protection by this Court has appeared before the Investigating Officer and his statement has also been recorded by the Investigating Officer.

¶9The Investigating Officer has recorded the statement of witnesses in this case and on perusal of the same, it appears that though Page No.# 5/6 incriminating materials are there against the above-named petitioners, however, no specific averment has been made in these statements as to which of the petitioners has assault whom and in what manner.

¶10Considering the facts and circumstances of this case as well as progress made in the investigation, this Court is of considered opinion that if the present petitioners co-operate in the investigation, their custodial detention may not be necessary for fair completion of the investigation of Dhupdhara P.S. Case No. 41/2024.

¶11In view of the above, the interim bail granted to the petitioner Md. Akram Hussain, by order dated 10.09.2024 is hereby made absolute with the conditions attached to the said order remaining intact. Further, the remaining petitioners are hereby directed to appear before the Investigating Officer of Dhupdhara P.S. Case No. 41/2024, within a period of 7(seven) days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the aforesaid case, they shall be allowed to go on bail of Rs. 30,000/-each with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:-

(i) the petitioners shall co-operate in the investigation; and

(ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court.

¶12With the above observations, this anticipatory bail application is Page No.# 6/6 hereby disposed of.

¶13Send back both the case diaries, which were requisitioned in connection with this case.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010171852024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2257/2024o MDoILIASoAHMEDoANDo6oORS.o S/OoLT.oABDUSoSIDDIQUEo R/OoVILL-oAMBARIoPT.I,o P.S.oDHUPDHARAo DIST.oGOALPARA,oASSAM 2:oMD.oAKRAMoHUSSAIN oS/OLT.oABDUSoSIDDIQUEo R/OoVILL-oAMBARI oPT-Io P.S.oDHUPDHARAo DIST.oGOALPARA oASSAM 3:oMD.oIMRANoHUSSAIN oS/OoLT.oABDUSoSIDDIQUEo R/OoVILL-oAMBARIo oPT.Io P.S.oDHUPDHARAo DIST.oGOALPARA oASSAM 4:oMD.oMOHIBULoHAQUE oS/OoMD.oANOWARoHUSSAINo R/OoVILL-oAMBARI oPT.IIIo P.S.oDHUPDHARAo DIST.oGOALPARA oASSAM 5:oMD.oKHURSHIDoALOM oS/OoMD.oANOWARoHUSSAINo R/OoVILL-oAMBARIo oPT.IIIo Page No.# 2/6 P.S. DHUPDHARA DIST. GOALPARA ASSAM 6: MD. SAHINUR ISLAM S/O ABUL HOSSEN R/O VILL- KHODAIDILA P.S. DHUBRI DIST. DHUBRI ASSAM 7: MD. MANOWAR HOSEN S/O MD. RAHAMATULYA R/O VILL- AMBARI PT.III P.S. DHUPDHARA DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR. S R ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA