Gauhati High Court
Baharul Islam And 5 Ors vs The State Of Assam on 5 November, 2019
Page No.# 1/3
GAHC010197422019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2725/2019
1:BAHARUL ISLAM AND 5 ORS.
S/O- NUR ISLAM, R/O- VILL NC BANDIA, MANGALDAI, PIN- 784125, P.S-
MANGALDAI SADAR, DIST- DARRANG, ASSAM
2: HANIF ALI
S/O- SAHIJAL HOQUE @ SAKTI ALI
R/O- VILL NC BANDIA
MANGALDAI
PIN- 784125
P.S- MANGALDAI SADAR
DIST- DARRANG
ASSAM
3: EJAUL HOQUE
S/O- NUR ISLAM
R/O- VILL NC BANDIA
MANGALDAI
PIN- 784125
P.S- MANGALDAI SADAR
DIST- DARRANG
ASSAM
4: JIARUL HOQUE
S/O- NUR ISLAM
R/O- VILL NC BANDIA
MANGALDAI
PIN- 784125
P.S- MANGALDAI SADAR
DIST- DARRANG
ASSAM
Page No.# 2/3
5: NUR ISLAM
S/O- LT KHAJAR ALI
R/O- VILL NC BANDIA
MANGALDAI
PIN- 784125
P.S- MANGALDAI SADAR
DIST- DARRANG
ASSAM
6: RASHID ALI
S/O- JABBAR ALI
R/O- VILL NC BANDIA
MANGALDAI
PIN- 784125
P.S- MANGALDAI SADAR
DIST- DARRANG
ASSA
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR P DEKA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 05-11-2019 This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1. Md. Baharul Islam, 2. Md. Hanif Ali, 3. Ejaul Hoque, 4. Jiarul Hoque, 5. Nur Islam and 6. Rashid Ali, who are apprehending arrest in connection with Kharupeta PS Case No. 316/2019 under Sections 366 IPC.
Heard Mr. P. Deka, learned counsel for the accused-petitioners as well as Ms. A. Begum, learned Additional Public Prosecutor, appearing for the State of Assam. Also perused the case diary produced today.
Page No.# 3/3 Except the petitioner No. 1. Md. Baharul Islam, all other petitioners, namely, 2. Md. Hanif Ali, 3. Ejaul Hoque, 4. Jiarul Hoque, 5. Nur Islam and 6. Rashid Ali were granted interim pre-arrest bail and they have already been interrogated by the Investigating Officer.
Case diary does not reflect any incriminating material against petitioners. Therefore, having considered the materials in the case diary, this court is of the view that custodial interrogation of the petitioners may not be necessary in the interest of investigation. Accordingly, the order dated 22.08.2019 granting interim pre-arrest bail to the petitioners No. 2, 3, 4, 5, & 6 is hereby made absolute under the same terms and conditions. It is further provided that in the event of arrest of the petitioner No. 1, namely, Md. Baharul Islam, in connection with the aforementioned case, he shall be released on bail of Rs. 20,000.0 with one 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 petitioner No. 1 shall appear before the Investigating Officer within 15 days and co-operate with the investigation.
2. The petitioner No. 1 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.
This petition stands disposed of accordingly.
Return the case diary.
JUDGE Comparing Assistant