Minarul Islam and 6 Ors v. The State of Assam

ORDER Date : 16.09.2024 Heard Mr. M. Khan, learned counsel appearing for the petitioner as well as Mr. K,K. Parasar, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application filed under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Manikpur P.S. Case No. 96/2024.

¶3On 01.07.2024, an Ejahar was lodged before police. It is alleged in the FIR that the petitioner Minarul Islam owed an amount of Rs.55,000/- to Sofimiah. On 26.08.2024 when Sofimiah asked Minarul Islam to return the said money, then Minarul Islam assaulted Sofimiah with a sharp weapon. The said incident blown into a large one. Many people had fought with each other with sharp weapons. But it is only Sofimiah, who sustained grievous injuries.

¶4Except Minarul Islam, there are no sufficient materials against the other Page No.# 3/3 petitioners.

¶6Therefore, the pre-arrest bail prayer of the petitioners, namely, Abul Kalam Azad, Amir Miya @ Amir Hussain, Jakir Hussain, Joygan Nessa, Delbar Hussain @ Deluar Hussain and Shelima Aktara is allowed.

¶7It is hereby directed that in the event of arrest in connection with Manikpur P.S. Case No. 96/2024, the above-named petitioners shall be released on bail of Rs. 25,000/- each with a surety of like amount to the satisfaction of the arresting authority.

¶8The petitioners are directed to co-operate with the Investigating Officer as and when called for.

¶9In so far as the bail prayer of the petitioner, Minarul Islam is concerned, there are incriminating materials against him in the case diary. Therefore, his bail prayer is rejected. With the aforesaid direction, the bail application stands disposed of. The CD (s) shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010175142024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2265/2024o MINARULoISLAMoANDo6oORSo S/OoLATEoHALALoUDDINoMIAH,oR/OoVILL-oNOWAGAON,oP.S.-oMANIKPUR,o DIST-oBONGAIGAON,oASSAM 2:oABULoKALAMoAZAD oS/OoLATEoHALALoUDDINoMIAH oR/OoVILL-oNOWAGAON oP.S.-oMANIKPUR oDIST-oBONGAIGAON oASSAM 3:oAMIRoMIYAo@oAMIRoHUSSAIN oS/OoMOTIARoRAHMAN oR/OoVILL-oNOWAGAON oP.S.-oMANIKPUR oDIST-oBONGAIGAON oASSAM 4:oJAKIRoHUSSAIN oS/OoMOTIARoRAHMAN oR/OoVILL-oNOWAGAON oP.S.-oMANIKPUR oDIST-oBONGAIGAON oASSAM 5:oJOYGANoNESSA oW/OoAMIRoMIYA oR/OoVILL-oNOWAGAON oP.S.-oMANIKPUR oDIST-oBONGAIGAON oASSAM 6:oDELABRoHUSSAINo@oDELAURoHUSSAIN oS/OoOWAJEDoALI Page No.# 2/3 R/O VILL- NOWAGAON P.S.- MANIKPUR DIST- BONGAIGAON ASSAM 7: SHELIMA AKTARA W/O ABUL KALAM AZAD R/O VILL- NOWAGAON P.S.- MANIKPUR DIST- BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA