Gauhati High Court
Jeherul Islam And Anr vs The State Of Assam on 18 June, 2020
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010076062020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1141/2020
1:JEHERUL ISLAM AND ANR.
S/O. LT. FAJAL ALI, VILL. PANDHWA, P.S. NORTH LAKHIMPUR, DIST.
LAKHIMPUR, ASSAM.
2: BABUL HUSSAIN
S/O. LT. MUNUS ALI
VILL. PANDHWA
P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR F Z MAZUMDER
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 18-06-2020 Heard Mr. FZ Mazumdar, learned counsel for the accused petitioners and Mr. TK Mishra, learned Additional Public Prosecutor, Assam for the State respondent. By this application filed under Section 439 Cr.P.C., the accused petitioners, namely,
1.Md. Jeherul Islam and 2. Md. Babul Hussain have prayed for granting bail, in Page No.# 2/3 connection with North Lakhimpur PS Case No. 346/2020 under Sections 147/148/149/341/342/269/270/336/333/353/325/307/440 of the IPC Read with Section 3 PDPP Act.
Case diary, as called for, is not received.
The FIR reveals that on 30.04.2020, SI Biswajit Nath along with some police personnel while patrolling, found about 10/20 people assembled in the Pandhwa Kuwait Masjid. They were found violating lock down norms and while interrogating them, about 100/120 villagers being provoked by 10/15 local people started stone pelting on the police and injured SI Biswajit Nath and also the Gaonbura of Pandhwa village Abdul Jalil Faraji, who was assisting the police. The violent mob damaged the police vehicle too.
Although the case diary is not available, but considering the length of detention of the present accused petitioners, who are in judicial custody since they were arrested on 03.05.2020 and due to the current covid-19 pandemic and further, the co-accused persons being released on bail by this Court, vide order, dated 09.06.2020 in Bail Application Nos. 1062/2020 and 1069/2020, their prayer for bail may be considered.
For the reasons set forth above, more particularly, the length of detention (47 days), it is provided that each of the accused petitioners, named above, shall be released on furnishing bail bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the learned CJM, Lakhimpur, North Lakhimpur, subject, of course, to the following conditions:-
1. That the accused petitioners shall not hamper or tamper with the investigation in any manner ;
2. That the accused 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 either to the Court or to any police officer; and
3.That the accused petitioners shall not commit any similar offence, of which they are accused, or suspected of commission.
Return the case diary.
Page No.# 3/3 With the above directions, the bail application stands disposed of.
JUDGE Comparing Assistant