Imrul Hoque v. The State of Assam

ORDER

23.04.2024

¶1Heard Mr. A. Mannan, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor, appearing for the State of Assam.

¶2This application under Section 438 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Imrul Hoque who is apprehending his arrest in connection with Kalain P.S. Case No. 214/2023 under Sections 147/366/341/328/307 of the Indian Penal Code, Page No.# 2/3 wherein, Section 120B/302 of the Indian Penal Code were added.

¶3The gist of accusation in this case is that on 10.05.2023, one Kabil Hussain lodged an FIR before the Officer-In-Charge of Kalain Police Station naming seven accused persons, inter-alia, alleging that on 09.05.2023 at about 9:00 PM, the accused persons named in the FIR kidnapped the sister of the informant and detained her in their house and later on, she was assaulted and she was administered poison mixed with milk as a result of which she sustained injuries and later on, she was rescued and brought to Kalain, F.R.U. and from there she was also taken to Silchar Medical College and Hospital.

¶4On receipt of the FIR, Kalain P.S. Case No. 214/2023 has been registered. Later on, again on 11.05.2023, one Askar Ali, lodged another FIR before the Officer-In-Charge of Kalain police station, this time mentioning the names of 11 accused persons in the FIR including the present petitioners wherein, the facts which were already narrated in the FIR dated 10.05.2023 were again narrated. However, the fact of death of the sister of the first informant of the first FIR has been additionally mentioned in the FIR dated 11.05.2023. On receipt of the second FIR, the Officer-In-Charge of Kalain police station made a G.D. Entry No. 213 dated

11.05.2023 and tagged the same along with the Kalain P.S. Case No. 214/2023 as the facts narrated in the second FIR were identical to the first FIR and as the said P.S. case has already been registered earlier on the basis of the first FIR.

¶5Learned counsel for the petitioner has submitted that prior to lodging of the FIR dated

10.05.2023 on the basis of which Kalain Police Station Case No. 214/2023 has been registered, one Bhaskar Ali had lodged an FIR against one Anwar Uddin alleging therein that his daughter was kidnapped by the said Anwar Uddin and he committed rape on her.

¶6Learned counsel for the petitioner has also submitted that the present petitioner is no way involved in the allegations levelled against him in the last FIR lodged by Askar Ali on

11.05.2023.

¶7Learned counsel for the petitioner has also submitted that the present petitioner is permanent resident of Natanpur and he is ready to cooperate with the Investigating Officer.

¶8On the learned Additional Public Prosecutor has placed the case diary of Kalain P.S.Case Page No.# 3/3 No. 214/2023 and has submitted that though there is no direct allegation against the present petitioner in the case diary except the statement made by the Askar Ali, i.e. the informant of the last FIR, i.e. 11.05.2023.

¶9It is also submitted that before the death of the deceased, i.e. the daughter of Askar Ali, her statement was recorded by the Investigating Officer and in her statement she has specifically implicated some of the accused persons, however, the present petitioner name was not mentioned by the deceased.

¶10Considering the fact that no direct incriminating materials against the present petitioner is available in the case diary at this stage, hence, this Court is of the considered opinion that his custodial detention may not be necessary for fair completion of the investigation, if he co-operate with the Investigating Officer.

¶11In view of above, the abovenamed petitioner, is hereby directed to appear before the Investigating Officer of Kalain Police Station Case No. 214/2023 within a period of 10(ten) days from the date of this order and cooperate in the investigation. If the do so within the stipulated period of time, in the event of his arrest in connection with Kalain PS Case No. 214/2023, he shall be allowed to go on bail of Rs. 30,000/-with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions that:-

(i) He shall not directly or indirectly make any inducement, threat or promise to the first informant of the case or to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer; and

(ii) He shall co-operate with the Investigating Officer. With the above observations, this anticipatory bail application is hereby disposed of. Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010241972023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3640/2023 IMRUL HOQUE S/O- ANOWAR UDDIN, VILL- NATANPUR, P.O AND P.S- KALAIN, DIST- CACHAR, ASSAM, PIN- 788815 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A MANNAF Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY