Rofik Ali v. The State of Assam

ORDER Date : 04.12.2024 Since both the bail applications arise out of the same FIR, both the bail applications are taken up together for disposal by this common order.

¶2Heard Mr. G. Chamuah, learned counsel appearing for the petitioners. Also heard Mr.R.R. Kaushik, learned Additional Public Prosecutor for the state of Assam.

¶3These two applications are filed under Sections 482 & 483 of the BNSS, 2023 seeking pre-arrest bail, regular bail in respect of Jogighopa P.S. Case No. 153/2024.

¶4On 31.08.2024 at about 10 PM, one married woman went out of her house to attend the call of nature and at that time the petitioners, Rofik Ali and Sanowar Hussain attacked her from behind and they committed rape upon her. The petitioners also allegedly threatened the woman that if she says anything about the said fact to police, she would be killed. However, she raised hue and cry over the incident and both the petitioners fled the place of occurrence. After that, some villagers named in the FIR assured the woman that they will give justice to her, but nothing was done. Thereafter, another person Hakim Uddin Akand demanded money from the said woman.

¶5Be that as it may, Mr. Kaushik has submitted a WT message sent to him by Page No.# 3/4 police, which stated that in this case, the Charge Sheet No. 148/2024 dated

25.11.2024 has been filed.

¶6Mr. Kaushik has submitted that the charge sheet was filed within time. Therefore, the petitioners are not entitled to any relief.

¶7Mr. Chamuah, on the other hand submits that on the issue of monetary transaction, the false FIR was lodged. According to Mr. Chamuah, the petitioner Sanowar Hussain has already spent 73 days in judicial custody.

¶8Mr. Chamuah further submits that the offence is sessions' triable. Therefore, if the petitioner, Rofik Ali appears before the court of the Judicial Magistrate 1st Class, North Salmara, Abhayapuri, he will be remanded to custody because that court does not have the jurisdiction to entertain the bail application of the petitioner, Rofik Ali.

¶9I have considered the submissions made by the learned counsels of both sides.

¶10This Court is of the opinion that considering the length of detention undergone by the petitioner, Sanowar Hussain, he does not deserve to be detained in custody. Therefore, the bail application filed by the petitioner, Sanowar Hussain is allowed.

¶11It is hereby directed that the petitioner, Sanowar Hussain, who was arrested in connection with Jogighopa P.S. Case No. 153/2024 shall be released on bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, North Salmara, Abhayapuri.

¶12It is also directed that on appearance of the petitioner, Rofik Ali before the court of the learned Judicial Magistrate 1st Class, North Salmara, Abhayapuri in connection with Jogighopa P.S. Case No. 153/2024, the petitioner, Rofik Ali shall be released on bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, North Salmara, Abhayapuri.

¶13The petitioner, Rofik Ali is directed to appear before the Investigating Officer as Page No.# 4/4 and when required.

¶14With the aforesaid direction, both the bail applications are disposed of.

¶15The CD (s) shall be returned. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010239612024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3006/2024 ROFIK ALI S/O MOYNAL HOQUE, R/O BARJANA PART-I, P.O. BORJANA, P.S. JOGIGHOPA, DISTRICT BONGAIGAON, ASSAM, PIN 783382 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR G CHAMUAH, Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./3485/2024 SANOWAR HUSSAIN S/O JAMSER ALI @ JONGSER ALI R/O VILLAGE BORJANA PART-I P.O. AND P.S. JOGIGHOPA DISTRICT BONGAIGAON ASSAM PIN 783382 VERSUS THE STATE OF ASSAM REP BY THE PP Page No.# 2/4 ASSAM ------------ Advocate for : MR G CHAMUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA