Gauhati High Court
Sultan Ali Ahmed And 4 Ors vs The State Of Assam on 12 June, 2020
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010078112020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1130/2020
1:SULTAN ALI AHMED AND 4 ORS.
S/O- KAJIM UDDIN AHMED, VILL- BAIKHUNGAON, P.S. DHALIGAON,
DIST.- CHIRAG, BTAD, ASSAM, 783384
2: SORIF UDDIN AHMED
S/O- KAJIM UDDIN AHMED
VILL- BAIKHUNGAON
P.S. DHALIGAON
DIST.- CHIRAG
BTAD
ASSAM
783384
3: JAHIRUL ISLAM @ BADRUL ISLAM
S/O- KAJIM UDDIN AHMED
VILL- BAIKHUNGAON
P.S. DHALIGAON
DIST.- CHIRAG
BTAD
ASSAM
783384
4: DILDAR RAHMAN
S/O- AMIR ALI
VILL- BORTALOWA PACHIM
P.S. DHALIGAON
DIST.- CHIRAG
BTAD
ASSAM
783384
Page No.# 2/4
5: ANOWAR HUSSAIN
S/O- SABUR ALI
VILL- BORTALOWA PACHIM
P.S. DHALIGAON
DIST.- CHIRAG
BTAD
ASSAM
78338
VERSUS
1:THE STATE OF ASSAM
REP. BY P.P., ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 12-06-2020 Heard Mr. H R A Choudhury, learned Senior counsel assisted by Mr. A M Ahmed, learned counsel for the petitioners and Mr. K Konwar, learned Additional Public Prosecutor, Assam for the State.
This application under Section 439 Cr.P.C. has been filed by the petitioners, namely, (1) Sultan Ali Ahmed, (2) Sorif Uddin Ahmed, (3) Jahirul Islam @ Badrul Islam, (4) Dildar Rahman and (5) Anowar Hussain, seeking bail in connection with Dhaligaon P.S. Case No. 117/2020 registered under Sections 143/325/326/379/354B/392 IPC, wherein they were arrested on 20.05.2020 and since then they are in custody.
As per the FIR of the case dated 19.05.2020 lodged by one Jafar Ali, it can be seen that oil loaded tankers and vehicles of IOCL, Bongaigaon Refinery are kept parked in the vacant Government land in front of the house of the informant. The accused persons, taking the advantage of darkness at night, engaged themselves in stealing oil from the parked oil tankers and vehicles. Adjacent to the said Government land, there is a pond that belongs to the family of the informant and because of such stealing of oil, it slips into their said pond.
Page No.# 3/4 On the date of the incident, when the accused persons were busy in stealing oil from the tankers and the vehicles, the mother of the informant and his sister-in-law, seeing the same, came out of their house and protested against the action of the accused persons from stealing oil. When they objected to such stealing of oil, the accused persons attacked his mother and sister-in-law and also assaulted them with fists and blows. On hearing their cry for help, the brothers of the informant, namely, Baharul Islam and Afazul Islam, his wife and nephew came out of their house and tried to restrain the accused persons from assaulting his mother and sister-in-law. At that point of time, the accused petitioner No. 1 dealt a blow on the head of his said brothers by iron rod due to which they sustained severe injuries. The other accused persons also used lathis and iron rods in assaulting his mother, wife, sister-in-law, the brothers and nephew present in the incident.
In the said FIR, the informant also alleged that the accused persons, Hanif Uddin Ahmed, Siraj Ali Ahmed and Kajimuddin Ahmed assaulted his brothers, mother, sister-in-law, wife and his nephew and held those ladies from backside and the accused, Sultan Ahmed, Nazrul Ahmed, Jainal Abedin and Sorif Uddin Ahmed outraged their modesty by tearing off their clothes. It is also alleged that those accused persons snatched away two gold chains from the neck of two of the ladies and snatched away the mobile phone from his nephew.
Perused the status report produced today by Mr. K Konwar, learned Additional Public Prosecutors, Assam.
The medical reports of the victims reflect that Afazul Islam, brother of the informant sustained grievous injuries on his scalp and occipital region, caused by sharp cutting weapon, whereas his mother, wife, sister-in-law, the other brother sustained simple injuries caused by blunt force object and his nephew did not sustain on his person.
In the status report, the concerned Investigating Officer also indicated that sufficient evidence have been found against all the petitioners.
After hearing the learned counsels for the parties, considering the status report submitted by the concerned Investigating Officer and the period of detention of the petitioners in custody since 20.05.2020, the Court is of the view that their further custodial detention are not warranted to investigate the said Dhaligaon P.S. Case No. 117/2020. As such, this bail application of the petitioners, named above, is accepted.
Accordingly, the petitioners, namely, (1) Sultan Ali Ahmed, (2) Sorif Uddin Ahmed, (3) Page No.# 4/4 Jahirul Islam @ Badrul Islam, (4) Dildar Rahman and (5) Anowar Hussain, be released on bail in said Dhaligaon P.S. Case No. 117/2020 on furnishing a bail bond of Rs.30,000/- each, with 2 (two) local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Chirang, Kajalgaon on conditions that the petitioners - (i) shall appear before the Investigating Officer of said Dhaligaon P.S. Case No. 117/2020 on every Monday during the day hours before 04:00 pm commencing from 22.06.2020 for the next two English Calendar months, i.e., up to 10.08.2020 or till filing of the charge-sheet in the case, whichever is earlier and also as and when they are required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of the Dhaligaon Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and
(iv) they 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 them from disclosing such facts to the Court or to any police officer, failing which, the bail granted to them in the aforesaid Dhaligaon Police Station case shall stand automatically vacated.
Bail application accordingly stands allowed.
The status report placed before the Court by Mr. K Konwar, learned Additional Public Prosecutor, Assam be kept as a part of the record.
A true copy of this order shall be furnished by the concerned Court Master to the petitioners or to their authorized persons for their necessary use.
JUDGE Comparing Assistant