Gauhati High Court
Nur Nehar Begum @ Nur Nehar And 8 Ors vs The State Of Assam on 16 September, 2019
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/3
GAHC010223762019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3118/2019
1:NUR NEHAR BEGUM @ NUR NEHAR AND 8 ORS.
W/O LATE NAZRUL ISALM, R/O VILL-MANDIA PATHAR, P.S.-BAGHBAR,
DIST-BARPETA, ASSAM
2: SELIMA YASMIN @ SILIMA KHATUN
W/O HABIZUR RAHMAN
R/O VILL-BANGLIPRA
P.S. AND DIST-BARPETA
ASSAM
3: HABIZUR KHAN @ HABIZUR RAHMAN
S/O LATE BASED KHAN
R/O VILL-BANGLIPRA
P.S. AND DIST-BARPETA
ASSAM
4: NAZMINARA YEASMIN @ SANIARA BEGUM
W/O NURUL ISLAM
R/O VILL-CHATIA
P.S.-SARTHEBARI
DIST-BARPETA
ASSAM
5: NURUL ISLAM
S/O MD. SHAMEJ ALI
R/O VILL-CHATIA
P.S.-SARTHEBARI
DIST-BARPETA
ASSAM
6: BADRUZ AHMED
S/O LATE RAMJAN ALI
R/O VILL-MOHARI PAM
P.S.-BAGHBAR
Page No.# 2/3
DIST-BARPETA
ASSAM
7: RABIYA KHATUN
D/O ABDUL KADER
R/O VILL-NO. 11 SEAT STRAKANARA
P.S.-BAGHBAR
DIST-BARPETA
ASSAM
8: AKKASH ALI
S/O ABDUL KADER
R/O VILL-NO. 11 SEAT STRAKANARA
P.S.-BAGHBAR
DIST-BARPETA
ASSAM
9: NASIM YEASMIN @ MERINA BEGUM
W/O MANOWAR HUSSAIN
R/O VILL-NO. 4 BATKUCHI
P.S. AND DIST-BARPETA
ASSA
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S MUNIR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 16-09-2019 This is an application, made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioners, namely, 1. Nur Nehar Begum @ Nur Nehar, 2. Selima Yasmin @ Silima Khatun, 3. Habizur Khan @ Habizur Rahman, 4. Nazminara Yeasmin @ Saniara Begum, 5. Nurul Islam, 6.
Badruz Ahmed, 7. Rabiya Khatun, 8. Akkash Ali and 9. Nasima Yeasmin @ Merina Begum, apprehending arrest in connection with Baghbar Police Station Case No. 258 of 2019 , registered under Sections 120(B)/302 of the IPC.
Page No.# 3/3 I have perused the petition including the copy of the FIR. Heard Mr. S Munir, learned counsel for the petitioners as well as Ms. SH Bora, learned Additional Public Prosecutor, appearing for the State of Assam. On the basis of the contents of the FIR itself, it appears that the allegation of causing death of the deceased is basically against the accused Nos. 1 and 2 as named in the FIR. Out of the main accused, i.e., the accused Nos. 1 and 2, as named in the FIR, Nur Nehar Begum is the petitioner No. 1 in this application. Since there is specific material against her from the FIR itself, this Court needs to look into the case diary.
So far the petitioner Nos. 2 to 9 are concerned, this Court is of the view that till a final decision is taken , on perusal of the case diary, the petitioners aforementioned be allowed to remain on interim pre-arrest bail.
Accordingly, it is, in the interim, provided that in the event of arrest of the petitioner Nos. 2 to 9 above named, in connection with the case aforementioned, they shall be released on furnishing bail bond of Rs.10,000/- 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 petitioner Nos. 2 to 9:
(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.
Call for the case diary.
List the matter on 04-11-2019.
JUDGE Comparing Assistant