Afnur Choudhury and 2 Ors v. The State of Assam

ORDER

30.09.2024

Heard Mr. S M Abdullah P, learned counsel for the petitioners and Mr. R J Baruah, learned Additional Public Prosecutor, Assam. This is an application filed under Section 482 of the BNSS, 2023 praying for pre-arrest bail in favour of the petitioners, namely, (1) Afnur Choudhury; (2) Alauddin Choudhury; and (3) Akbar Choudhury, in connection with Mukalmua P.S. Case No.165/2024. On 16.08.2020, one Md. Abdul Rahman had lodged an FIR before the Police alleging that the present petitioners had entered into his house armed with sharp weapons and the petitioners allegedly attacked his mother Miss. Hasina Begum. Accordingly, Police registered a case under Sections 448/326/34of the IPC. Thereafter, on 11.06.2024, Ms. Hasina Begum has again lodged a complaint before the learned Chief Judicial Magistrate, Nalbari alleging that the present petitioners had attacked her and also snatched away some gold ornaments. Therefore, she prayed before the court to register a case under Sections 448/325/326/379/34 of the IPC. On receipt of the complaint aforesaid, the learned Chief Judicial Magistrate, Nalbari forwarded the same to the Mukalmua Police Station to register a case under sections 448/325/326/379/34 of the IPC. Mr. Ahmed has submitted that the complaint submitted by Ms. Hasina Begum is the reiteration of the incident which were narrated in the FIR submitted by Md. Abdul Rahman on

16.08.2020. According to Mr. Abdullah, the case was already ended with submission of Final Report in the year 2021 and the present FIR has been lodged by Ms. Hasina Begum on the same incidents, which is not maintainable in law. I have gone through the Case Diary. Having heard the learned counsel of both sides, this court is of the opinion that the petitioners aforesaid do not deserve to be detained in custody. Accordingly, the prayer for pre-Page No.# 3/3 arrest bail of the petitioner is allowed. It is directed that in the event of arrest of the petitioners, namely, (1) Afnur Choudhury;

(2) Alauddin Choudhury; and (3) Akbar Choudhury, in connection with Mukalmua P.S. Case No.165/2024, the arresting authority shall release them on bail of Rs.20,000/- each with one surety of like amount to the satisfaction of the arresting authority. The petitioners are directed to appear before the Investigating Officer within 10 (ten) days from today. The bail application is disposed of. Return the case dairy.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010188892024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2452/2024o AFNURoCHOUDHURYoANDo2oORS.o S/OoLATEoARFANoCHOUDHURYo R/OoMUKALMUAo(BIDYAPUR),o P.S.oMUKALMUAo DIST.oNALBARI,oASSAM 2:oALAUDDINoCHOUDHURY oS/OoLATEoARFANoCHOUDHURYo R/OoMUKALMUAo(BIDYAPUR) o P.S.oMUKALMUAo DIST.oNALBARI oASSAM 3:oAKBARoCHOUDHURY oS/OoLATEoARFANoCHOUDHURYo R/OoMUKALMUAo(BIDYAPUR) o P.S.oMUKALMUAo DIST.oNALBARI oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoSoMoABDULLAHoP,oMRoSoHoSIKDAR,MR.oJoALIo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA