Irfanul Haque and 4 Ors v. The State of Assam

ORDER

11.12.2024 Heard Mr. A.U. Choudhury, learned counsel appearing for the petitioners. Also heard Mr. R.R. Kaushik, learned Addl. Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for pre-arrest bail with respect of Moirabari P.S. Case No. 119/2024.

¶3It is alleged in the FIR that on the day of occurrence, 40 years old Abdul Sahid was attacked by the petitioners and some other persons. All of them assaulted him with sticks and other dangerous weapons.

¶4Mr. Kaushik, the learned Addl. PP submits that the victim Abdul Sahid sustained grievous injuries. Mr. Kaushik, the learned Addl. PP further submits that there are witnesses who supported the allegation against the present petitioners.

¶5I have considered the submissions made by the learned counsel of both the Page No.# 3/3 sides.

¶6Pursuant to the interim order granted by this Court, the Petitioner Nos.2 & 3 Abdul Matleb and Aaher Banu have appeared before the Investigating Officer and they have co-operated with the police investigation.

¶7Although incriminating materials are there in the Case Diary against them also, this Court is of the opinion that Abdul Matleb and Aaher Banu deserve to be given the privilege of anticipatory bail because of their age.

¶8This Court is also of the opinion that petitioner, Monowara Begum too is an women and therefore, she also deserves to be given the privilege of anticipatory bail.

¶9Considering the aforesaid facts, the interim bail granted earlier to Abdul Matleb and Aaher Banu is made absolute.

¶10It is further directed that in the event of arrest in connection with Moirabari P.S. Case No. 119/2024, the petitioner, Monowara Begum shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. She is directed to appear before the Investigation Officer within next 10 (ten) days from today.

¶11The bail application of the petitioner Irfanul Haque and Ainul Haque is rejected. Accordingly, the entire bail application is disposed of. Case Diary shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010197432024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2584/2024o IRFANULoHAQUEoANDo4oORSo S/OoABDULoMATLEBo R/OoLOCHONABARI,oWARDNO.o03,oP.S.oMOIRABARI,oDIST.oMORIGAON,o ASSAM 2:oABDULoMATLEB oS/OoLT.oABDULoGAFURo R/OoLOCHONABARI oWARDNO.o03 oP.S.oMOIRABARI oDIST.oMORIGAON oASSAM 3:oMRS.oAAHERoBANU oW/OoABDULoMATLEBo R/OoLOCHONABARI oWARDNO.o03 oP.S.oMOIRABARI oDIST.oMORIGAON oASSAM 4:oAINULoHAQUE oS/OoABDULoMATLEBo R/OoLOCHONABARI oWARDNO.o03 oP.S.oMOIRABARI oDIST.oMORIGAON oASSAM 5:oMRS.oMONOWARAoBEGUM oW/OoINAMULoHAQUEo R/OoLOCHONABARI oWARDNO.o03 oP.S.oMOIRABARI Page No.# 2/3 DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A U CHOUDHURY, MR S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA