Gauhati High Court
Sirajul Islam @ Sirajul Ali And 7 Ors vs The State Of Assam on 7 February, 2020
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/3
GAHC010011262020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 206/2020
1:SIRAJUL ISLAM @ SIRAJUL ALI AND 7 ORS.
S/O- LATE OMAR ALI, R/O- KHOPANIKUCHI, P.S- HAJO, DIST- KAMRUP,
ASSAM, PIN- 781102
2: SAFIQUL ISLAM @ SAFIQUL ALI
S/O- LATE OMAR ALI
R/O- KHOPANIKUCHI
P.S- HAJO
DIST- KAMRUP
ASSAM
PIN- 781102
3: NAZAR BHUYAN @ NAZAR ALI
S/O- AYAN BHUYAN
R/O- KHOPANIKUCHI
P.S- HAJO
DIST- KAMRUP
ASSAM
PIN- 781102
4: TALEB BHUYAN @ TALEB ALI
S/O- AYAN BHUYAN
R/O- KHOPANIKUCHI
P.S- HAJO
DIST- KAMRUP
ASSAM
PIN- 781102
5: ROSHAN BHUYAN
S/O- JOYNAL BHUYAN
R/O- KHOPANIKUCHI
Page No.# 2/3
P.S- HAJO
DIST- KAMRUP
ASSAM
PIN- 781102
6: TAIJUDDIN BHUYAN
S/O- JOYNAL BHUYAN
R/O- KHOPANIKUCHI
P.S- HAJO
DIST- KAMRUP
ASSAM
PIN- 781102
7: NUR HUSSAIN
S/O- LATE SAHAR ALI
R/O- KHOPANIKUCHI
P.S- HAJO
DIST- KAMRUP
ASSAM
PIN- 781102
8: NUR MOHAMMAD
S/O- LATE SAHAR ALI
R/O- KHOPANIKUCHI
P.S- HAJO
DIST- KAMRUP
ASSAM
PIN- 78110
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A R SIKDAR
Advocate for the Respondent : PP, ASSAM
Page No.# 3/3
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 07-02-2020 Both the bail petitions, arising out of the same P. S. Case, being Hajo P.S. Case No. 47/2020, under Sections 147/148/447/325/307/354(B)/448/379 of the Indian Penal Code, are taken up for disposal by this common order.
In one of the bail petition, being Bail Appln. No. 313/2020, the petitioner, namely, Rejak Miah @ Rejak Ali @ Rejek Mia, has prayed for bail under Section 439 of the Cr.P.C., whereas, in another bail petition, being A.B. No. 206/2020, the petitioners, namely, Sirajul Islam, Safiqul Islam, Nazar Bhuyan, Taleb Bhuyan, Roshan Bhuyan, Taijuddin Bhuyan, Nur Hussain and Nur Mohammad, have prayed for an order under Section 438 of the Cr.P.C.
I have heard the learned counsel, Mr. A. R. Sikdar, appearing for the petitioners. Also heard Mr. T. K. Mishra, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
On the day of occurrence, as many as 8 (eight) persons, who were named in the F.I.R., had entered into the property of the informant. They beat the informant, for which, he sustained grievous injury. The Police registered the case under Section 307 of the Indian Penal Code along with Sections 326/325 of the Indian Penal Code.
Mr. Mishra, learned Additional Public Prosecutor, Assam, has submitted that the medical report discloses that the injured person had sustained only minor injury.
Considering this fact alone, the interim pre-arrest bail order dated 21.01.2020, granted to the petitioners namely, Sirajul Islam, Safiqul Islam, Nazar Bhuyan, Taleb Bhuyan, Roshan Bhuyan, Taijuddin Bhuyan, Nur Hussain and Nur Mohammad, in connection with the aforesaid case, is hereby made absolute. On the other hand, this Court also hereby directs that the petitioner, namely, Rejak Miah @ Rejak Ali @ Rejek Mia, shall be released on bail on furnishing a bail bond of Rs. 10,000/- (Rupees ten thousand) only with a surety of like amount subject to the satisfaction of the learned Judicial Magistrate First Class, Hajo.
The bail petitions are, accordingly, disposed of.
JUDGE Comparing Assistant