Sharif Uddin and 3 Ors v. The State of Assam

ORDER Date : 04 .01. 2024 Heard Mr. I. H. Barbhuiya, learned counsel for the petitioners and Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 439 Cr.P.C., filed by the petitioners, namely (1) Sharif Uddin, (2) Sofiqul Islam, (3) Fakar Uddin @ Fakharuddin and (4) Hifjur Rahman, seeking bail, who were arrested on

15.10.2023 in connection with Doboka P.S. Case No. 209/2023 (Corresponding to G.R. Case No. 1821/2023) under Sections 120(b)/342/ 376(2)(g)/ 506 IPC. It is submitted by the learned counsel for the petitioners that the petitioners were arrested on 15.10.2023 and since then they have been languishing in jail hajot by completing 82 days. Considering the period of detention, they may be enlarged on bail. The learned Addl. PP has produced the case diary and opposed the prayer of bail by stating that 164 statement of the victim girl and the medical report is not available in the case diary. It is also submitted that the charge sheet has not yet been submitted by the police. I have perused the case diary. Considering the period of detention, prayer for bail is allowed. Page No.# 3/3 Accordingly, it is directed that the accused/ petitioners above named, be released on bail in connection with Doboka P.S. Case No. 209/2023 (Corresponding to G.R. Case No. 1821/2023) under Sections 120(b)/342/ 376(2)

(g)/ 506 IPC on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) each with 2 (two) suitable sureties each of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sankardev Nagar, Hojai. The direction for bail is further subject to the conditions that the accused-petitioners:

(a) shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Sankardev Nagar, Hojai, without prior written permission from him/ her;

(b) shall not hamper the investigation and tamper with the evidence of the case; and

(c) 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 him/ her from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010263312023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooCaseo:oBailoAppln./4571/2023 SHARIFoUDDINoANDo3oORS S/OoABDULoNURo R/OVILL-oNAHARGAONo P.O.oANDoP.S.oDOBOKA oDIST.oHOJAI oASSAM 2:oSOFIQULoISLAM S/OoAFTABUDDINo R/OoVIL-oNAHARGAONo P.O.oANDoP.S.oDOBOKAo DIST.oHOJAI oASSAM o3:oFAKARoUDDINo@oFAKHARUDDIN S/OoGIYASUDDINo R/OoVILL-oNAHARGAONo P.O.oANDoP.S.oDOBOKAo DIST.oHOJAI oASSAM o4:oHIFJURoRAHMAN S/OoABDULoJALILo R/OoVILL-oNAHARGAONo P.O.oANDoP.S.oDOBOKAo DIST.oHOJAI oASSAM oVERSUS THEoSTATEoOFoASSAM REP.oBYoTHEoPP oASSAM Page No.# 2/3 ------------ Advocate for : MR. I H BARBHUIYA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI