Sarimul Haque Laskar v. The State of Assam

ORDER

30.10.2024

Heard Mr. M H Rajbarbhuiyan; Mr. J. Laskar; Mr. A M Barghuiyan and Mr. R A Choudhury, learned counsels for the petitioners as well as Mr. R J Baruah, learned Additional Public Prosecutor, Assam. All these bail applications filed under Section 483 of the BNSS,2023 by the petitioners, who were arrested in connection with Hailakandi P.S. Case No. 190/2024. On 19.08.2024, a mob of 400/500 people attacked the house of the informant. They burnt the house by pouring kerosene oil. During that incident, the house and the car of the informant bearing registration No. AS-11K-3479 were destroyed. The informant has named 15 [fifteen] persons as the perpetrator of the said offence. Some of the present petitioners are named in the said FIR. Mr. Rajbarbhuiyan has submitted that Saikul Uddin Laskar, the husband of the informant is a murderer, who committed murder in the village and he is in police custody. According to Mr. Rajbarbhuiyan, the villagers were angry with him and therefore, they had attacked his house. In the Case Diary, it reveals that although some of the witnesses have implicated the present petitioners but none of them could state the roles taken by the them in the said offence. Mr. Rajbarbhuiyan has pointed out that the petitioners Nurul Hoque Laskar is a 60 [sixty] years old person and he is the elected President of a Gaon Panchayat. He had gone to the place of occurrence just to see what was happening and also he went to the Police Station to that effect.

I have considered the submissions made by the learned counsel of both sides. Page No.# 5/5 This court is of the opinion that, at this stage, the petitioners do not deserve to be detained in custody for further period of time. Therefore, the bail application is allowed. Accordingly, it is directed that the petitioners, namely, (1) Nurul Hoque Laskar; (2) Kabir Ahmed Laskar; (3) Altaf Hussain Laskar @ Alta Hussain Laskar; (4) Alhaj Hussain Laskar; (5) Dalim Uddin Laskar; (6) Kabir Hussain Barbhuiya; and (7) Sarimul Haque Laskar, who were arrested in connection with Hailakandi P.S. Case No. 190/2024, shall be released on bail of Rs.20,000/- each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Hailakandi. The bail application is disposed of. Case Diary shall be returned.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC010208782024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3049/2024 NURUL HOQUE LASKAR S/O LATE SURMAN ALI LASKAR, R/O BASBARI PART-I, P.O. BASBARI, P.S. ALGAPUR, DIST HAILAKANDI, ASSAM, PIN 788152 TO BE REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M H RAJBARBHUIYAN, MRS R CHETRI Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./3190/2024 KABIR HUSSAIN BARBHUIYA S/O NOOR AHMED BARBHUIYA VILL- UJANKUPA PART-I P.S. AND DIST. HAILAKANDI Page No.# 2/5 TO BE REP. BY THE PP ------------ Advocate for : MR. A M BARBHUIYA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./3331/2024 SARIMUL HAQUE LASKAR S/O FAKAR UDDIN LASKAR @ FARUK UDDIN LASKAR VILL- SIBUTTAR P.S. AND DIST- HAILAKANDI P.O.-UJANKUPA PIN-788152 REPRESENTED BY THE PUBLIC PROSECUTOR ------------ Advocate for : MR. R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./3112/2024 KABIR AHMED LASKAR S/O LATE RASHID ALI LASKAR R/O VILL- BALIKANDI PART-I P.O. BASHBARI DIST. HAILAKANDI Page No.# 3/5 REP BY THE PP ------------ Advocate for : MR. J LASKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./3151/2024 ALTAF HUSSAIN LASKAR @ ALTA HUSSAIN LASKAR AND 2 ORS. S/O LT. SUKKUR ALI LASKAR VILL- SIBUTTAR P.S. AND DIST- HAILAKANDI 2: ALHAJ HUSSAIN LASKAR S/O LT. ABDUL LATIF LASKAR VILL- SIBUTTAR P.S. AND DIST- HAILAKANDI 3: DALIM UDDIN LASKAR S/O LT. MOINUL HAQUE LASKAR VILL- SIBUTTAR P.S. AND DIST- HAILAKANDI REPRESENTED BY THE PUBLIC PROSECUTOR ------------ Advocate for : MR. A M BARBHUIYA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA