Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 18 December, 2020
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/4
GAHC010154602020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3081/2020
FAZUL HOQUE @ FOYZUL HOQUE AND 9 ORS.
S/O LATE NIZAM UDDIN, R/O VILL-SHIMLAKANDI, ROWA PART-III, P.S.-
DHUBRI, DIST-DHUBRI (ASSAM)
2: JOYNAB ALI
S/O LATE NIZAM UDDIN
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
3: MOINUL HOQUE @ MALI HOQUE
S/O LATE NIZAM UDDIN
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
4: MONDAL SK @ MANDAL
S/O LATE MONBHASA SK
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
5: ABDUL JALIL
S/O LATE MONBHASHA SK
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
6: NAZIR HUSSAIN
S/O MONDAL SK
R/O VILL-SHIMLAKANDI
Page No.# 2/4
ROWA PART-III, P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
7: ABDUL HUSSAIN @ BHEDANG
S/O SOKIAT SK
R/O VILL-SHIMLAKANDI
ROWA PART-III, P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
8: KETAB ALI
S/O JOYNAB ALI
R/O VILL-SHIMLAKANDI
ROWA PART-III, P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
9: GAPPAR ALI @ GOFFAR ALI
S/O JOYNAB ALI
R/O VILL-SHIMLAKANDI
ROWA PART-III, P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
10: GAZIMUL HOQUE @ GAZIMUL ALI
S/O MOINUL HOQUE
R/O VILL-SHIMLAKANDI
ROWA PART-III, P.S.-DHUBRI
DIST-DHUBRI (ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
18-12-2020 This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioners, namely, 1. Fazul Hoque @ Foyzul Hoque, 2. Joynab Ali, 3. Moinul Hoque @ Mali Hoque,
4. Mondal Sk. @ Mandal, 5. Abdul Jalil, 6. Nazir Hussain, 7. Abdul Hussain @ Bhedang, 8. Ketab Ali, Page No.# 3/4
9. Gappar Ali @ Goffar Ali and 10. Gazimul Hoque @ Gazimul Ali, have prayed for pre-arrest bail, apprehending arrest in connection with Dhubri Police Station Case No. 1013 of 2020 , registered under Sections 143/148/341/326/448/354/307 of the IPC .
Heard Mr. H.R.A. Choudhury, learned senior counsel for the petitioners as well as Mr. M.P. Goswami, learned Additional Public Prosecutor, appearing for the State of Assam. On perusal of the materials in the case diary, prima facie, it appears that all the accused persons are named in the FIR, i.e., 18 persons. They are also named by the witnessed. This Court requires to examine the specific role played by each individual petitioner in the commission of the alleged offences. Although the case has been registered, inter alia, under Section 326 of the IPC, yet to find out the persons who are involved in commission of such offences, in the absence of specific mention thereof in the statement of the witnesses, the petitioners, except the petitioner No. 1, are also granted interim protection till the next date fixed.
The case diary received be retained by the learned Additional Public Prosecutor. The scanned copy of the case diary as well as charge sheet of the cross-case, i.e. Dhubri Police Station Case No. 1009/2020 (Charge-sheet No. 455/2020, dated 31-08-2020) be called for from the Court of learned Chief Judicial Magistrate, Dhubri.
Bring the above directions to the notice of the Registrar (Judicial), who shall obtain the same and place before this Court on the next date fixed.
Accordingly, it is, in the interim, provided that in the event of arrest of the petitioners, except the petitioner No. 1, in connection with the case aforementioned, they shall be released on furnishing bail bond of Rs.15,000/- each, with a suitable surety each of the like amount, to the satisfaction of arresting authority.
The direction for pre-arrest bail is subject to the conditions that the petitioners, except the petitioner No. 1:
(a) shall appear before the Investigating of concerned Police Station, within seven days from today and shall co-operate with the investigation;
(b) shall not hamper with the investigation, or tamper with the evidence of the case;
(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 from disclosing such facts to the Court or to any police officer.
Page No.# 4/4 List the matter on 11-01-2021.
The petitioner No. 1 has already been granted interim protection, which shall continue till the date fixed.
JUDGE Comparing Assistant