Gauhati High Court
Page No.# 1/5 vs The State Of Assam on 2 November, 2020
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/5
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
Age:
Occupation :
S/O LATE NIZAM UDDIN
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
3: MOINUL HOQUE @ MALI HOQUE
Age:
Occupation :
S/O LATE NIZAM UDDIN
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
4: MONDAL SK @ MANDAL
Age:
Occupation :
S/O LATE MONBHASA SK
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
5: ABDUL JALIL
Age:
Occupation :
S/O LATE MONBHASHA SK
R/O VILL-SHIMLAKANDI
Page No.# 2/5
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
6: NAZIR HUSSAIN
Age:
Occupation :
S/O MONDAL SK
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
7: ABDUL HUSSAIN @ BHEDANG
Age:
Occupation :
S/O SOKIAT SK
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
8: KETAB ALI
Age:
Occupation :
S/O JOYNAB ALI
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
9: GAPPAR ALI @ GOFFAR ALI
Age:
Occupation :
S/O JOYNAB ALI
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM)
10: GAZIMUL HOQUE @ GAZIMUL ALI
Age:
Occupation :
S/O MOINUL HOQUE
R/O VILL-SHIMLAKANDI
ROWA PART-III
P.S.-DHUBRI
DIST-DHUBRI (ASSAM
Page No.# 3/5
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 SOUMITRA SAIKIA
ORDER
Date : 02.11.2020 Heard Mr. H.R.A. Choudhury, learned Senior Advocate assisted by Mr. R. A. Choudhury, learned counsel, appearing for the petitioners.
Also heard Mr. B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.
This Anticipatory Bail petition has been filed by the 10 (ten) numbers of petitioners seeking protection under Section 438 of Cr. P.C., in connection with an FIR dated 05.08.2020 lodged before Dhubri Police Station by one Mohashin Ali making allegations against the accused persons that they had severely assaulted the informant's brother-in-law namely Hasen Ali. It is alleged in the FIR that the accused persons were armed with lathi, joong and other sharp weapons attacked the informant's brother-in-law and causing various injuries in various parts of his body. When hue and cry was raised by the victim, his nephews came forward and tried to stop the assault but the accused persons also attacked them and assaulted them brutally. All the victims were admitted in a Civil Hospital in an unconscious state. Taking advantage of the situation, the accused persons forcibly entered the house of the Hasen Ali and they gagged the wife of Hasen Ali and also assaulted her. There are as many as 18 (eighteen) accused person named as accused in the FIR. This petition is filed by the 10 (ten) numbers of petitioners, who are named as accused amongst the 18 (eighteen) numbers of the accused named in the FIR.
Page No.# 4/5 Mr. Choudhury submits that the allegations made in the FIR are false and have been lodged by the informant in response to another FIR dated 04.08.2020 filed by the petitioner no.1 against the informant and 12 (twelve) others making allegations of assault and with intention to kill the nephew of petitioner No.1. Mr. Choudhury submits that this is a dispute between two groups of people and the allegations made in the FIR in connection to which the present petition has been filed are in response to the FIR filed by the petitioner no.1 on 04.08.2020. Mr. Choudhury further submits that all the petitioners are innocent and therefore they may be protected in connection with the said FIR.
Mr. B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam submits that there are serious allegations and therefore the case may be called for.
Upon hearing the learned counsel for the parties and upon perusal of the case records, let the case diary be called for. The matter is fixed again on 27th November, 2020.
In view of the fact that the petitioner no.1 is employed as a Home Guard and was also on duty at the relevant time as pointed out by the learned counsel for the petitioner by making reference to Page-26 (annexure 5) of the bail petition to show that he was given the responsibility to accompany persons for giving medical examination on 04.08.2020, therefore, at least, so far as the petitioner no.1 is concerned, this court of the view that the interim protection can be granted to him in connection with Dhubri Police Station case No. 1013/2020 under Sections 143/148/341/326/448/354/307 of IPC.
Upon hearing the learned counsel for the parties and upon perusal of the pleadings, I am of the view that in the interim, in the event of the arrest of the petitioner no.1, in connection with the aforementioned case it is directed that, he shall be released on bail upon furnishing a bail bond of Rs.15,000/- (Rupees fifteen thousand) only with one suitable local surety of like amount to the satisfaction of the Arresting Authority.
The bail granted, however, is subject to the following conditions:-
1. That the petitioner no.1 shall appear before the Investigating Officer within 10(ten) days and co-operate in the investigation as and when required;
2. The petitioner no.1 shall not leave the territorial jurisdiction of the police station, without prior written permission from Officer-in-
Page No.# 5/5 Charge, Dhubri Police Station.
3. That the petitioner no.1 shall not hamper or tamper with the investigation in any manner; and
4. That the petitioner no.1 shall not, directly or indirectly, make any inducement, threat or promise to any person/witness 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 connection to this Police Station Case.
If any of the conditions are found to be violated by the petitioner no.1 then the Investigating Officer shall be at liberty to seek cancellation of the interim bail granted to the petitioner no.1.
List this matter again on 27th November, 2020 for further order.
JUDGE Comparing Assistant