Saiful Hoque and Ors v. The State of Assam

Page No.# 1/4 GAHC010220092024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3221/2024 KOBED ALI @ KOBADALI S/O NUR HUSSAIN, RESIDENT OF BORBHITA PS GOROIMARI, DIST KAMRUP ASSAM 2: ROMJAN ALI S/O NUR HUSSAIN

RESIDENT OF BORBHITA PS GOROIMARI DIST KAMRUP ASSA REP BY PP ASSAM Advocate for the Petitioner : MR. S HOQUE, MR S ISLAM Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2502/2024 SAIFUL HOQUE AND ORS S/O-SHAJAHAN ALI R/O-BARBHITHA KACHARI GAON P.S.- GOROIMARI DIST-KAMRUP PIN-781137 Page No.# 2/4 2: ROHIM BADSHA S/O-KALAM ALI R/O-MERGANDA P.S.- GOROIMARI DIST-KAMRUP PIN-781141 3: CHAMER ALI S/O-AKBAR ALI R/O-320 MERGANDA LP SCHOOL GOROIMARI P.S-GOROIMARI DIST-KAMRUP PIN-781141 REP BY THE PP ASSAM ------------ Advocate for : A H CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : AB/2641/2024 JAKIR HUSSAIN AND ANR S/O ABUL HUSSAIN R/O MERGANDA P.O HATIPARA P.S. GOROIMARI DISTRICT KAMRUP ASSAM PIN 781137 MOB. NO. 98640 27090 2: AJIBAR RAHMAN S/O ABUL HUSSAIN R/O MERGANDA P.O HATIPARA P.S. GOROIMARI DISTRICT KAMRUP ASSAM PIN 781137 MOB. NO. 98640 27090 Page No.# 3/4 REP BY THE LEARNED PP ASSAM ------------ Advocate for : MR A K AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

BEFORE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA 29-10-2024 Heard Mr. S. Hoque, learned counsel, Mr. R. Sharma, learned counsel and Mr. A.K.Ahmed, learned counsel appearing for the petitioners. Also heard Mr. R. J. Boruah, learned Additional Public Prosecutor, Assam appearing for the State.

¶2The bail application being BA Nos. 3221/2024 is filed under Section 483 of BNSS, 2023 for granting regular bail to the petitioners, namely, (i) Kobed Ali @ Kobadali and (ii) Romjan Ali respectively, who were arrested in connection with Goroimari P.S. Case No. 101/2024, registered under Sections 131/121/311/62/118/3(5) of the BNSS, 2023 and the anticipatory bail applications being AB Nos. 2502/2024 & 2641/2024 are filed under Section 482 of the BNSS, 2023 for granting pre-arrest bail to the petitioners, namely, (i) Saiful Hoque, (ii) Rohim Badsha (iii) Chamer Ali (iv) Jakir Hussain and (v) Ajibar Rahman in connection said P.S. Case, i.e., Goroimari P.S. Case No. 101/2024.

¶3One police official has alleged in the FIR that on the day of occurrence at about 11:30 am, two groups of persons were quarreling by the side of the road. The informant was leading a police patrolling party and they asked those people to stop quarrel and at that time, a person namely, Atar Ali had attacked the informant as well as the VDP President, namely, Chand Mohammad Sheikh with a sharp weapon, for which, both of them injured badly.

¶4Mr. Boruah, learned Additional Public Prosecutor, Assam has objected to these three Page No.# 4/4 bail applications on the ground that the petitioners had attacked the police party and they had prevented the police personnel from doing their duties.

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

¶6The petitioners, (i) Kobed Ali @ Kobadali and (ii) Romjan Ali have already completed 59 days of judicial custody.

¶7Considering the period of detention of the petitioners in custody, this Court is of the opinion that they have no longer deserved to be detained in judicial custody.

¶8In view of the above, the bail application of (i) Kobed Ali @ Kobadali and (ii) Romjan Ali is allowed. Both of them shall be released on bail on furnishing a bail bond of Rs. 25,000/- each with two local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon.

¶9So far as the prayer of the anticipatory bail is concerned, the prayers made by Saiful Hoque, Rohim Badsha, Chamer Ali, Jakir Hussain and Ajibar Rahman are not found to be satisfactory. Accordingly, both the anticipatory bail applications being AB Nos. 2502/2024 & 2641/2024 are rejected.

¶10These bail applications stand disposed of accordingly.

¶11Case diary shall be returned.

JUDGE Comparing Assistant