Gauhati High Court
Bilat Hussain And 9 Ors vs The State Of Assam on 20 February, 2020
Page No.# 1/4
GAHC010024262020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 431/2020
1:BILAT HUSSAIN AND 9 ORS.
S/O ALTE MAJIBAR RAHMAN, R/O VILL-MAHAMAYAR CHAR, P.S.-SOUTH
SLAMARA, DIST-DHUBRI, ASSAM
2: SHAHJAHAN ALI
S/O LATE TOMEJ ALI
R/O VILL-MUTAKHAWA
P.S.-SOUTH SALMARA
DIST-DHUBRI
ASSAM
3: SHAH ALOM
S/O SHAHJAHAN ALI
R/O VILL-MUTAKHAWA
P.S.-SOUTH SALMARA
DIST-DHUBRI
ASSAM
4: SHAHJAHAN ALI
S/O LATE SOMER ALI
R/O VILL-MAHAMAYAR CHAR
P.S.-SOUTH SALMARA
DIST-DHUBRI
ASSAM
5: SHAHJAMAL HOQUE
S/O LATE SANTOSH ALI
R/O VILL-MAHAMAYAR CHAR
P.S.-SOUTH SALMARA
DIST-DHUBRI
ASSAM
6: RAHAMAN ALI
S/O LATE SOMER ALI
Page No.# 2/4
R/O VILL-MAHAMAYAR CHAR
P.S.-SOUTH SALMARA
DIST-DHUBRI
ASSAM
7: HOZROT ALI
S/O LATE MOSLEM UDDIN
R/O VILL-MAHAMAYAR CHAR
P.S.-SOUTH SALMARA
DIST-DHUBRI
ASSAM
8: MESER ALI
S/O LATE MOJID ALI
R/O VILL-MAHAMAYAR CHAR
P.S.-SOUTH SALMARA
DIST-DHUBRI
ASSAM
9: SAHAZUDDIN
S/O KORIM BOXO
R/O VILL-MAHAMAYAR CHAR
P.S.-SOUTH SALMARA
DIST-DHUBRI
ASSAM
10: ATOWAR ROHMAN
S/O LATE JELAHEJ ALI
R/O VILL-MAHAMAYAR CHAR
P.S.-SOUTH SALMARA
DIST-DHUBRI
ASSA
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S ISLAM
Advocate for the Respondent : PP, ASSAM
Linked Case : AB 436/2020
1:PASAN ALI
S/O LATE MOKIBUL HUSSAIN
R/O VILL-MAHAMAYAR CHAR
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P.S.-SOUTH SALMARA
DIST-DHUBRI
ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM
Advocate for the Petitioner : MR. S ISLAM
Advocate for the Respondent : PP
ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 20-02-2020 Heard Mr. S Islam, learned counsel for the petitioners and Mr. TK Mishra, learned Addl. PP, Assam.
These two applications under Section 438 Cr.P.C. filed by the petitioners, namely, 1. Bilat Hussain, 2. Shahjahan Ali (S/o late Tomej Ali), 3. Shah Alom, 4. Shahjahan Ali (S/o late Somer Ali), 5. Shahjamal Hoque, 6. Rahaman Ali, 7. Hozrot Ali, 8. Meser Ali, 9. Shahazuddin & 10. Atowar Rohman and Pasan Ali, praying for pre-arrest bail apprehending arrest in connection with South Salmara PS Case No.01/2020 under sections 147/148/149/341/342/325/307/333/294/394 IPC.
Case diary called for is received and perused.
The allegation against the petitioners and others were that when a police party went to nab an accused in connection with another case they noticed some miscreants and when they tried to arrest them, a mob of the villagers attacked the police party causing serious injuries to some of the police personals and police had to open firing.
Case diary transpires that there are incriminating materials against the petitioners, namely, 2. Shahjahan Ali (S/o late Tomej Ali), 3. Shah Alom, 4.
Page No.# 4/4 Shahjahan Ali (S/o late Somer Ali), 7. Hozrot Ali, 8. Meser Ali and 9. Shahazuddin (in AB No.431/2020) and petitioner Pasan Ali (in AB No.436/2020).
Thus, having regard to the nature of accusation and the materials in the case diary, the prayer for pre-arrest bail of the aforesaid petitioners stands rejected.
However, having regard to materials in the case diary, the petitioners, namely, 1. Bilat Hussain, 5. Shahjamal Hoque, 6. Rahaman Ali & 10. Atowar Rohman are allowed. Accordingly, it is provided that, in the event of arrest of the petitioners in connection with the aforementioned case, the petitioners above named shall be released on furnishing a bail bond of Rs.20,000/- each, with a suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions.
1. The petitioners shall appear before the Investigating Officer within 15 days and co-operate with the investigation.
2. 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 him from disclosing such facts to the Court or to any police officer.
The pre-arrest bail application stands disposed of. Send back the case diary.
JUDGE Smita Comparing Assistant