Ataur Rahman and 3 Ors v. The State of Assam

ORDER Date : 13.12.2024 Heard Mr. D. Bhuyan, learned counsel appearing for the petitioners. Also heard Ms. N. Das, learned Additional Public Prosecutor for the state of Assam.

¶2This an application 482 of the BNSS, 2023, whereby the petitioners have prayed for grant of pre-arrest bail in respect of Murajhar P.S. Case No. 191/2024.

¶3It is alleged in the FIR that on 09.10.2024 some miscreants entered into Jamia Assam Darul Hadith Joynagar Madrassa and harmed and forcefully ousted the employees and teachers of the said Madrassa. The informant has alleged that he suspected that the teacher of said Madrassa, Moulana Ataur Rahman was behind the entire incident. It is stated that he went inside the Madrassa and created unruly situation.

¶4Ms. Das submitted that the witnesses have implicated the petitioners, Ali Ahmed @ Ahmod Hussain & Faruk Uddin in the aforesaid case

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

¶6This Court is of the opinion that under the given circumstances of the case, the petitioners do not deserve to be detained in custody. Accordingly, their anticipatory bail application is allowed.

¶7It is hereby directed that in the event of arrest in connection with Murajhar P.S. Case No. 191/2024, the petitioners, Ataur Rahman, Ali Ahmed @ Ahmod Hussain, Faruk Uddin and Sams Uddin @ Babu shall be released on bail of Rs. 20,000/- each with sureties of like amount to the satisfaction of the arresting authority.

¶8The petitioners shall appear before the Investigating Officer and co-operate with the Investigating Officer as and when required. Page No.# 3/3

¶9With the aforesaid direction, the bail application stands disposed of.

¶10CD shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010225312024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2856/2024o ATAURoRAHMANoANDo3oORSo S/O-oSULTANoMUNSI,oR/O-oLUTUMARI,oPS-KAMPUR,oDISTRICTo-oNAGAONo (ASSAM). 2:oALIoAHMEDo@oAHMODoHUSSAIN oS/O-oLATEoHAJIoFAIYAJoUDDINo@oLATEoFAIYAJoALI oR/O-oMETHIoGAON oPS-MURAJHAR oDISTRICTo-HOJAIo(ASSAM). 3:oFARUKoUDDIN oS/O-oMUHIBURoRAHMANo(BADAN) oR/O-oSHAPURoGAON oPSo-MURAJHAR oDISTRICTo-oHOJAIo(ASSAM). 4:oSAMSoUDDINo@oBABU oS/O-oSORMANoALI oR/O-SHAPURoGAON oPS-oMURAJHAR oDISTRICTo-oHOJAIo(ASSAM)o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oDoBHUYAN,oMR.oPoGOGOIo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA