Ramesh Ali and 3 Ors v. The State of Assam

O R D E R

24.11.2023 Heard Mr. N.J. Dutta, learned counsel for the petitioner. Also heard Mr. Goswami, learned Additional Public Prosecutor, Assam.

¶2The four petitioners, namely, Dewan Samsuddin, Ariful Islam, Ramesh Ali and Shahidul Islam have preferred the present bail applications in connection with, Morigaon PS case No. 302/2023 under Section 420/379 IPC (BA 4290/2023), Doboka PS case 169/2023 under Section 379/ 420/406 IPC read with section 66 (c) IT Act (BA No. 4008/2023), Nagaon PS 702/23 under Section 420/ 379 IPC (BA 4144/2023).

¶3These petitioners have been shown to be arrested in the aforesaid cases, during their custody in connection with some other cases involving similar nature of offences. Details are given in the tabular form. Sl No. PS case Name of the accused petitioner Date of bail

¶1Jagiroad PS 238/2023 U/s 279/333/307/427/420/468/47 1/34 IPC Ariful Islam and Ramez Ali

Dewan Samsuddin Hanifur Rahman Saidul Islam

06.10.2023 in BA 3405/2023

BA 3802/2023 Dated

09.11.2023

¶2Morgaon PS case No. 244/2023 Ramez Ali Ariful Islam

29.09.2023 in BA No. Page No.# 3/6 U/s 379/420 IPC

Dewan Samsuddin

Shahidul Islam

3202/2023

Order dated

29.09.2023 BA 3148/2023

29.09.2023 BA 3210/2023 Jagiroad PS 71/2023 under Section 420/379 IPC Shahidul Islam and Dewan Samsuddin

Ariful Islam and Ramez Ali

Order dated

22.09.2023 BA 3208/2023

Order dated

22.09.2023 BA 3386/2023

Jagiroad Ps 74/2023 Sahidul Islam, Dewan Samsuddin, Ramesh Ali and Ariful Islam BA 3264/2023 order dated

06.10.2023 Jagiroad 166/2023 under Section 420/379 IPC Sahidul Islam, Dewan Samsuddin, Ramesh Ali and Ariful Islam

06.10.2023 BA 3428/2023

¶4The petitioners were initially arrested 01.09.2023 in connection with Jagiroad PS case No. 238/2023 and subsequently, they have been shown to be arrested in all the subsequent cases at different point of time. Finally, they were taken to custody in connection with Morigaon PS case Page No.# 4/6 No. 302/2023, in connection with Doboka PS case 169/2023 and in connection with Nagaon PS case 702/2023 and present applications are filed seeking bail in connection with those cases.

¶5The orders granting bail by this court, reflect that the allegations are more or less same though the incidents are different. It is also seen that in some of the cases including the alleged offence committed in the present cases are alleged to have been committed during their custody. The recovery made also relates to the first case where the present petitioners were arrested for the first time. Thus, the petitioners are languishing in jail since the 01.09.2023 and no charge-sheet has been filed in any of the cases registered earlier.

¶6Form the record, it is seen that in none of the aforesaid bail proceedings before this court, the authority had apprised this court that the custody of the petitioners are required in any other similar cases. It is well settled that it is also a duty of the I/O to disclose to the Magistrate before whom the accused are forwarded, the particulars of pending case against an accused, in which he is not yet been arrested. None of the Bail orders reflects that at any point of time, the fact of pendency of cases was informed to the magistrate. It is interesting to note that from the aforesaid table, it is clear that even some of the cases are registered in the same police station, some are in the same district and some offences even are alleged to have been committed, when the petitioners were under custody.

¶7That being the position, this court, in the totality of the matter, more particularly their period of detention, is of the view that no further custodial detention of the petitioners shall be required inasmuch as the Page No.# 5/6 I/Os had enough opportunity to unearth the offences committed by the petitioners.

¶8Accordingly, the petitioners namely (1) Dewan Samsuddin, (2) Ariful Islam,

(3) Ramesh Ali, (4) Shahidul Islam be released on bail-I. On executing a bail bond of Rs.50,000/-(Rupees Fifty Thousand) each with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate , Nagaon in connection with Nagaon PS 702/23 under Section 420/ 379 IPC (BA 4144/2023) and II. On executing a bail bond of Rs.50,000/-(Rupees Fifty Thousand) each with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon in connection with Morigaon PS case No. 302/2023 under Section 420/379 IPC (BA 4290/2023) and III. On executing a bail bond of Rs.50,000/-(Rupees Fifty Thousand) each with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Hojai in connection with Doboka PS case 169/2023 under Section 379/ 420/406 IPC read with Section 66

(c) IT Act (BA No. 4008/2023), on the following conditions: A. The petitioners shall not hamper with the investigation, or tamper with the evidence of the case, B. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer, C. The petitioners shall appear before their respective Page No.# 6/6 I/Os on each and every date as and when called for. Bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/6 GAHC010249312023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4008/2023 RAMESH ALI AND 3 ORS. S/O MD. KITAP ALI R/O VILL- KAYAKUCHI, P.S. AND DIST. BARPETA, ASSAM 2: DEWAN SAMSUDDIN S/O ABDUL SABBAS R/O VILL AND P.S. SONAPUR DIST. KAMRUP (METRO) ASSAM 3: SHAHIDUL ISLAM S/O LATE SUKUR ALI R/O VILL-KOYAKUCHI BHAKUWAMARI P.S. AND DIST. BARPETA ASSAM 4: ARIFUL ISLAM S/O MD. JALAL UDDIN R/O VILL- BHOKUAMARI P.S. AND DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : PP, ASSAM Page No.# 2/6 BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY