Gauhati High Court
Page No.# 1/5 vs The State Of Assam on 1 December, 2022
Page No.# 1/5
GAHC010221392022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3226/2022
JESMIN SULTANA AND 7 ORS.
W/O- FAIJUL AHMED, R/O- VILL.- SATGAON, BARDANGBARI, SHANKAR-
AZAN-PATH, UDAY BIHAR, P.S. SATGAON, GUWAHATI, KAMRUP(M),
ASSAM
2: PARBEEN SULTANA
W/O- JALILUR RAHMAN
R/O- VILL.- SATGAON
BARDANGBARI
SHANKAR-AZAN-PATH
UDAY BIHAR
P.S. SATGAON
GUWAHATI
KAMRUP(M)
ASSAM
3: ABDUL HASIM
S/O- MOTEB ALI
R/O- VILL.- SATGAON
BARDANGBARI
SHANKAR-AZAN-PATH
UDAY BIHAR
P.S. SATGAON
GUWAHATI
KAMRUP(M)
ASSAM
4: NURUN NESSA
W/O- MOTLEB ALI
R/O- VILL.- SATGAON
BARDANGBARI
SHANKAR-AZAN-PATH
UDAY BIHAR
P.S. SATGAON
Page No.# 2/5
GUWAHATI
KAMRUP(M)
ASSAM
5: NUR JAHAN BEGUM
W/O- SHAHIDUL HOQUE
R/O- VILL.- SATGAON
BARDANGBARI
SHANKAR-AZAN-PATH
UDAY BIHAR
P.S. SATGAON
GUWAHATI
KAMRUP(M)
ASSAM
6: FAKRUL ISLAM
S/O- LATE EKRAM HUSSAIN
R/O- VILL.- SATGAON
BARDANGBARI
SHANKAR-AZAN-PATH
UDAY BIHAR
P.S. SATGAON
GUWAHATI
KAMRUP(M)
ASSAM
7: JALILUR RAHMEN
S/O- RAHIM ALI
R/O- VILL.- SATGAON
BARDANGBARI
SHANKAR-AZAN-PATH
UDAY BIHAR
P.S. SATGAON
GUWAHATI
KAMRUP(M)
ASSAM
8: MEHERUN NESSA @ NILU
D/O- NURUL HOQUE BARBHUYAN
R/O- VILL.- SATGAON
BARDANGBARI
SHANKAR-AZAN-PATH
UDAY BIHAR
P.S. SATGAON
GUWAHATI
KAMRUP(M)
ASSA
Page No.# 3/5
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
01.122022 Heard Mr. R. Ali, learned counsel for the petitioners. Also heard Mr. K.K. Parasar, learned Addl. P.P. appearing for the State.
The petitioners, namely, 1. Jesmin Sultana, 2. Parbeen Sultana, 3. Abdul Hasim, 4. Nurun Nessa, 5. Nur Jahan Begum, 6. Fakrul Islam, 7. Jalilur Rahmen, and 8. Meherun Nessa @ Nilu have filed an application under Section 438 Cr.P.C. with a prayer for pre-arrest bail as they are apprehending arrest in connection with Dispur P.S. Case No. 2315/2022 under Sections 447/325/354/365/379/34 IPC corresponding G.R. Case No. 8604/2022.
The allegation against the petitioners is that on 19.10.2022 at about 9:00 Page No.# 4/5 P.M. the petitioners entered into the informant's house and assaulted her husband with weapons with which they were armed with. She raised alarm, but the petitioners Jalilur Rahmen and Fakharuddin Ahmed gagged her and pushed her towards the bed and tried to outrage her modesty, but somehow she managed to escape. Her husband was rescued by Ashraful Rahman.
The learned Addl. P.P. Mr. K.K. Parasar has submitted that there are cogent materials in the case diary. The victim has sustained grievous injuries. The medical report depicts that the victim has sustained grievous injuries caused by a blunt object.
I have perused the case diary.
The petitioners have appeared before the I.O. and their statements have been recorded. They have been co-operating with the investigation.
Considering, all aspects the interim order dated 04.11.2022 is hereby made absolute, under the conditions that:-
(i)The petitioners shall appear before the I.O. as and when required;
(ii)The petitioners will not exercise threats and tamper with the evidence;
(iii)The petitioners will refrain from such activities with which they are alleged.
Page No.# 5/5 Case diary is returned.
The application stands disposed of.
JUDGE Comparing Assistant