Yakub Ali and 9 Ors v. The State of Assam

ORDER Date : 16 .02. 2023 Heard Mr. SM Abdullah P, learned counsel for the petitioners namely

1.Yakub Ali, 2.Jakir Hussain, 3.Sajahan Basa @ Sajahan Ali, 4.Khalil Usddin @ Khalilur Rahman, 5.Sarafat Ali, 6. Babar Ali, 7.Isab Ali, 8.Nurul Amin, 9. Sahar Ali and 10.Muzzmel Hoque @ Muzzamel Islam. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent. The learned counsel for the petitioners submitted that the he does not press pre-arrest bail on behalf of the petitioner No. 10 namely Muzzmel Hoque @ Muzzamel Islam, who has already been arrested in connection with the present case. By filing this anticipatory bail application under Section 438 Cr.P.C., all the petitioners named above except petitioner No. 10 namely Muzzmel Hoque @ Muzzamel Islam have prayed for pre-arrest bail who are apprehending arrest in connection with Juria P.S. Case No. 382/2022 registered under Sections 143/ 447/ 448/ 427/ 354/ 325/ 326/ 307 IPC. I have considered the submissions at the Bar. The FIR discloses that there was a land dispute between both the parties. It is submitted at the Bar that there was a group clash between the parties and both the parties have sustained simple injuries. The Injury report of Amina Khatun, Rejia Khatun, Samiron Nessa, Minara Khatun, Hussain Ali, Raful Amin, Umar Faruk, Kasem Ali, Wahida Khadun depicts that they have sustained simple injuries. An FIR was also lodged against the informant's side by Rekib Uddin. To consider the prayer for pre-arrest bail, case diary is necessary. Page No.# 4/4 Call for the case diary. Considering the fact that the victims have sustained simple injuries and considering the submission that a group clash errupted between both the parties, in the event of arrest of the petitioner Nos. 1 to 9 named above in connection with the aforementioned case, they be released on pre-arrest bail on furnishing a bond of Rs. 30,000/-each with a suitable surety of like amount to the satisfaction of the arresting authority with the following conditions:-

¶1petitioner Nos. 1 to 9 shall appear before the I.O. within 10 (ten) from today and shall co-operate with the investigation,

¶2The petitioner Nos. 1 to 9 shall refrain from such activities with which they are suspected,

¶3the petitioner Nos. 1 to 9 will not exercise threats to any person acquainted with the facts of the case, and

¶4the petitioner Nos. 1 to 9 shall not hamper or tamper with the evidence of the case. The bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010253552022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3666/2022o YAKUBoALIoANDo9oORSo S/OoSABDULoSHEIKHo R/OoGARIAoKAWAIMARIo P.S.oJURIAo DIST.oNAGAON,oASSAM 2:oJAKIRoHUSSAIN oS/OoYAKUBoALIo R/OoGARIAoKAWAIMARIo P.S.oJURIAo DIST.oNAGAON oASSAM 3:oSAJAHANoBASAo@oSAJAHANoALI oS/OoYAKUBoALIo R/OoGARIAoKAWAIMARIo P.S.oJURIAo DIST.oNAGAON oASSAM 4:oKHALILoUDDINo@oKHALILUR oS/OoRUSTAMoALIo R/OoGARIAoKAWAIMARIo P.S.oJURIAo DIST.oNAGAON oASSAM 5:oSARAFAToALI oS/OoSABDULoSHEIKHo R/OoGARIAoKAWAIMARIo P.S.oJURIAo DIST.oNAGAON oASSAM Page No.# 2/4 6: BABAR ALI S/O ABDUL SHEIKH R/O GARIA KAWAIMARI P.S. JURIA DIST. NAGAON ASSAM 7: ISAB ALI S/O SABDUL SHEIKH R/O GARIA KAWAIMARI P.S. JURIA DIST. NAGAON ASSAM 8: NURUL AMIN S/O SARAFAT ALI R/O GARIA KAWAIMARI P.S. JURIA DIST. NAGAON ASSAM 9: SAHAR ALI S/O RUSMAT ALI R/O GARIA KAWAIMARI P.S. JURIA DIST. NAGAON ASSAM 10: MUZZAMEL HOQUE @ MUZZAMEL ISLAM S/O SAHAR ALI R/O GARIA KAWAIMARI P.S. JURIA DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND