Gauhati High Court
Ajijur Islam And 3 Ors vs The State Of Assam on 21 December, 2018
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
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GAHC010244752018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3477/2018
1:AJIJUR ISLAM AND 3 ORS.
S/O. JAHIR UDDIN, R/O. VILL. MATRAGHOLA, P.S. ABHAYAPURI, DIST.
BONGAIGAON, ASSAM.
2: RABIUR ISLAM
S/O. JAHIR UDDIN
R/O. VILL. MATRAGHOLA
P.S. ABHAYAPURI
DIST. BONGAIGAON
ASSAM.
3: RUPCHANA KHATUN
W/O. SHAHJAHAN ALI
R/O. VILL. MATRAGHOLA
P.S. ABHAYAPURI
DIST. BONGAIGAON
ASSAM.
4: JIYARUL ISLAM
S/O. LT. FAKAR UDDIN
R/O. VILL. MATRAGHOLA
P.S. ABHAYAPURI
DIST. BONGAIGAON
ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. A K AZAD
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Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 21-12-2018 This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioners, namely, 1) Ajijur Islam, 2) Rabiul Islam, 3) Rupchana Khatun, and Jiyarul Islam, in connection with Abhayapuri PS Case No. 522/2018 under Sections 147/148/447/326/307/506 IPC.
Heard Mr. A.K. Azad, learned counsel for the petitioners as well as Mr. T.K. Mishra, learned Additional Public Prosecutor for the state respondent. Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced.
On perusal of the case diary, it appears that the petitioners, in the instant case, are the informant in the cross-case, being Abhayapuri PS Case No. 521/2018. In the said case, the allegation is of causing murder of the son of one of the petitioners, by the informant side. Evidently, as appears from the materials in the case diary, there was a mutual fight between both the parties. The group consisting of the informant is the aggressor in the case. As stated above, one person from the side of the petitioners of the instant petition, was murdered by the group of the informant. Medical evidence, so far collected, reveals that three persons, out of the informant group, sustained grievous injuries. Consideration of the background facts as a whole, particularly, the fact that the group consisting of the informant was aggressor in the mutual fight resulting in the death of one person from the side of the petitioners, this court is of the view that the petitioners are entitled to the privilege of pre- arrest bail, and accordingly, their prayer is allowed. The petitioners shall appear before the investigating police officer within 7 (seven) days from today, and, in the event of their arrest, they shall be released on furnishing a bail bond of Rs. 20,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority, on the following conditions:
(1) The petitioners shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in- charge, (2) The petitioners shall not hamper with the investigation, or tamper with the evidence of the case, and (3) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of Page No.# 3/3 the case so as to dissuade them from disclosing such facts to the Court or to any police officer.
The petition stands disposed of.
Return the case diary.
JUDGE Comparing Assistant