Allowed

Shafidul Islam and 5 Ors. v. the State of Assam

Gauhati HC11 Aug 2022AB/1107/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to six petitioners under Section 438 CrPC in connection with an FIR alleging affray and assault. The penalty was fixed at Rs. 50,000 per person subject to standard conditions regarding investigation interference.

What did the court decide?

Grant of pre-arrest bail on probation of Rs.50,000/- each with one suitable surety of like amount, subject to specified conditions.

Shafidul Islam and 5 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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GAHC010076012022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1107/2022

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SHAFIDUL ISLAM AND 5 ORS S/O NUR SALAM @ NOOR

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R/O VILL- KUCHNIMARA, P.O. MANKACHAR, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131

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2: AKHIRUL ISLAM S/O NUR SALAM @ NOOR R/O VILL- KUCHNIMARA P.O. MANKACHAR P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131

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3: SHAKIRUL ISLAM S/O NUR SALAM @ NOOR R/O VILL- KUCHNIMARA P.O. MANKACHAR P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131

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4: SAIFUL ISLAM S/O NUR SALAM @ NOOR R/O VILL- KUCHNIMARA P.O. MANKACHAR P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131

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5: NUR SALAM @ NOOR S/O LATE ABDUL GAFUR

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R/O VILL- KUCHNIMARA P.O. MANKACHAR P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131 6: KHALEDA BEGUM W/O NUR SALAM @ NOOR R/O VILL- KUCHNIMARA P.O. MANKACHAR P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. M ISLAM

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 11.08.2022

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Heard Mr. M. Islam, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned APP appearing for the State.

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Apprehending arrest in connection with Mankachar P.S. Case No. 259/2020 under sections 143/294/325/326 IPC, corresponding to G.R. Case No. 356/2020, the petitioners have filed this application under section 438 Cr.P.C.

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The learned APP has produced the case diary and has opposed the prayer

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for bail. However, it is also submitted that charge-sheet has been submitted in connection with Mankachar P.S. Case No. 258/2020.

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The learned counsel for the petitioners has submitted that the Mankachar P.S. Case No. 258/2020 was lodged by the petitioner no.2 herein.

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On perusal of the case diary, it appears that there are sufficient incriminating materials against the petitioners of attacking the informant’s side by means of weapon of various descriptions, which had caused grievous injuries to 4 (four) persons and simple injuries to 2 (two) persons. Accordingly, it appears that because of a free-fight between two groups, both sides had suffered serious injuries to various descriptions.

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Under such circumstances, when pursuant to Mankachar P.S. Case No. 258/2020, filed by the petitioner no.2, charge-sheet has been submitted against several persons in the group of the informant in this case, i.e. Mankachar P.S. Case No. 259/2020, the Court finds that custodial interrogation of the petitioners may not be necessary. Accordingly, the Court is inclined to grant prearrest bail to the petitioners by providing that in the event of the arrest of the petitioners, namely, (1) Shafidul Islam, (2) Akhirul Islam, (3) Shakirul Islam, (4) Saiful Islam, (5) Nur Salam @ Noor, and (6) Khaleda Begum in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.50,000/- each with one suitable surety of like amount to the satisfaction of the arresting officer.

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The pre-arrest bail is granted on the following conditions:

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The petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required.

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The petitioners 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 Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

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The petitioners shall not obstruct the smooth progress of the investigation/trial.

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The petitioners shall not misuse their liberty in any manner.

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The petitioners shall appear before the I/O within 15 (fifteen) days from today and they shall continue to appear once in every 15 (fifteen) days till their personal appearance is dispensed with by the I/O or charge-sheet is filed, whichever is earlier.

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Application stands disposed of.

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Case diary is returned.

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JUDGE

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Comparing Assistant

Shafidul Islam and 5 Ors. v. the State of Assam

Case brief

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Shafidul Islam and 5 Ors. v. the State of Assam

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