Abdur Rezzak v. The State of Assam

ORDER Date : 07.11.2024 Heard Mr.HRA Choudhury, learned Sr. Counsel assisted by Mr. A.M. Ahmed, learned counsel appearing for the petitioners in AB No. 2108/2024 and Mr. G. Chamuah, learned counsel appearing for the petitioner in AB No.2279/2024. Also heard Mr. Bankim Sarma, learned Additional P.P. for the State of Assam.

¶2Both these applications are filed under Section 482 of the BNSS, 2023 in respect of Kalgachia P.S. Case No. 63/2024.

¶3On 25.05.2024, the 43 year old deceased Ainal Hoque Mondal went missing. Later on his dead body was recovered, which was floating in the river. At that time his hands and feet were tied with a plastic rope and the neck was tied with a piece of cloth.

¶4The case diary reveals that there sufficient materials against the petitioners Abdul Hai Page No.# 3/3 and Mofidul Islam but there are no materials against Abdus Salam and Abdur Rezzak.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6Considering the materials available against Abdul Hai and Mofidul Islam, their prayer for bail is rejected.

¶7This Court is of the opinion that for the aforesaid circumstances, the present petitioners, Abdus Salam and Abdur Rezzak do not deserve to be detained in custody. Therefore, their pre-arrest bail application is allowed.

¶8It is hereby directed that in the event of arrest in connection with Kalgachia P.S. Case No. 63/2024, the petitioners, Abdus Salam and Abdur Rezzak shall be released on bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the arresting authority.

¶9Both the petitioners shall appear before the Investigating Officer within next 7 (seven) days from today.

¶10With the aforesaid directions, the bail application stands disposed of CD shall be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010174622024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2279/2024 ABDUR REZZAK S/O LT. JAYNAL ABDIN, R/O PASCHIM MOINBORI, P.S.-KALGACHIA, DIST- BARPETA, ASSAM, PIN-781321 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR G CHAMUAH, Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2108/2024 ABDUL HAI AND 2 ORS S/O TAIZ UDDIN VILL- FULOR CHAR P.S. KALGACHI DIST. BARPETA ASSAM PIN- 781321 2: MOFIDUL ISLAM S/O ABDUL KADER VILL- FULOR CHAR P.S. KALGACHI DIST. BARPETA Page No.# 2/3 ASSAM PIN- 781321 3: ABDUS SALAM S/O HUSEN ALI VILL- FULOR CHAR P.S. KALGACHI DIST. BARPETA ASSAM PIN- 781321 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : PUJA GHOSH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA