Zaidul Islam and 3 Ors. Vs the State of Assam

2. The petitioners, namely, (1) Zaidul Islam, son of Abdul Muslam, (2) Mosadur @ Musaddur Ali, son of Jommudin @ Zamir Uddin, (3) Shahidul @ Shahidul Islam, son of Gohur Sheikh @ Abdul Gofur and (4) Abdul Kaium @ Abdul Kaiyam, son of Mokbul Hussain, all are residents of Kesarvita, P.O. Mankachar, P.S. Mankachar, District-South Salmara, have filed this application on 10.02.2025 under Section 482 BNSS, 2023, seeking pre-arrest bail apprehending their arrest in Mankachar Police Station Case No. 200/2024 registered under Sections 111(2)/191(3)/190/324(3)/221/132/ 303(2) of BNS, 2023 read with Section 3(1) of Prevention of Damage to Public Property (PDPP) Act, 1985 corresponding to G.R. No. 446/2024.

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3. As per the FIR dated 15.10.2024 lodged before the Mankachar Police Station, the case is that on the intervening night of 14.10.2024 and 15.10.2024 around 01:40 hours, when the Border Security Force (BSF) Personnel were on ambush cum patrolling duty in the Area of Responsibility of Jhalachar

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Border Outpost they observed some suspicious movement of miscreants in the India side of the Bangladesh Border near BFL No. 151 and immediately informed about the same to their higher authorities. The BSF personnel challenged those persons so as to stop their activities but they did not pay any heed to the warning issued by the BSF personnel and the smugglers in the said border area tried to cut and damage the fencing, a Government property. As such, the BSF personnel fired two rounds on the miscreants. On being fired upon the miscreants on both sides of the fencing in the Bangladesh Border, the smugglers fled away from the spot, taking advantage of paddy crops and darkness. On being checked the Indo-Bangladesh Border fencing at the relevant place by the BSF personnel, it was found that the said fencing was breached and cut between BFL No. 150 to 151 and the same was accordingly informed to the higher authorities. While the said site was inspected and searched, Power Banks, Airtel Sim Cards, some old clothes, ladies trousers, ladies kurtas, Aadhar cards, artificial chains, plastic boxes, artificial rings, clothes carry bag and one duffle bag were found. However, no sign of injury to any miscreants on the spot could be found but the possibility of injuries to those miscreants were not ruled out. In the said FIR, the complainant BSF personnel named the petitioners and two others as they were suspected to be the Indian smugglers, who were present at the relevant site at the time of the incident. The said FIR was accordingly registered as Mankachar P.S. Case No. 200/2024 under Sections 111(2)/191(3)/190/324(3)/221/132/303(2) of BNS, 2023 read with Section 3(1) of Prevention of Damage to Public Property (PDPP) Act, 1985 corresponding to G.R. No. 446/2024.

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4. Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam .

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5. Mr. Mondal, learned counsel for the petitioners submitted that they were no way connected with the case and their names have been illegally incorporated in the FIR of the case.

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6. On perusal of the case diary, it is seen that one of the FIR named person along with another were arrested and taken into custody, who were subsequently released on bail.

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7. From the case diary, it is seen that the petitioners have been suspected to be involved in the case as they were suspected to be present in the vicinity in violation of Section 144 IPC involved in illegal activity of cattle smuggling and also suspected to be involved in attacking upon the BSF personnel while making attempts of exfiltration of suspected Bangladeshi national from India to Bangladesh and their infiltration for Bangladesh to India.

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8. From the case diary, it is seen that the petitioners have been suspected to be involved in said Mankachar P.S. Case No. 200/2024.

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9. Considering the materials available in the case diary, the Court is of the view that custodial detention of the petitioners, named above, are not warranted to investigate the said Mankachar P.S. Case No. 200/2024. As such, this pre-arrest bail application of the petitioners is accepted.

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10. Accordingly, in the event of arrest of the petitioners, namely, (1) Zaidul Islam, son of Abdul Muslam, (2) Mosadur @ Musaddur Ali, son of Jommudin @ Zamir Uddin, (3) Shahidul @ Shahidul Islam, son of Gohur Sheikh @ Abdul Gofur and (4) Abdul Kaium @ Abdul Kaiyam , son of Mokbul Hussain, in said Mankachar P.S. Case No. 200/2024 registered under Sections 111(2)/191(3)/190/324(3)/221/132/303(2) of BNS, 2023 read with Section 3(1) of Prevention of Damage to Public Property (PDPP) Act, 1985 corresponding to G.R. No. 446/2024, they shall be released on bail on furnishing a bail bond of Rs.50,000/- each, with 2 (two) local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the arresting authority, subject to the conditions that the petitioners –

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(i) shall appear before the concerned Investigating Officer of Mankachar P.S. Case No. 200/2024 on or before 27.03.2025 and thereafter, as and when they are required for necessary investigation of the case;

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(ii) shall not leave the territorial jurisdiction of said Mankachar Police Station, without obtaining prior written permission from the concerned I/O of the case;

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(iii) shall not hamper with the investigation, or tamper with the evidence of the case;

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(iv) 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; and

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(v) shall not involve themselves in any criminal activities in future.

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11. Violation of any of the aforesaid terms and conditions by either of the petitioners, (1) Zaidul Islam, (2) Mosadur @ Musaddur Ali, (3) Shahidul @ Shahidul Islam and (4) Abdul Kaium @

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Abdul Kaiyam , the pre-arrest bail granted to them in said Mankachar P.S. Case No. 200/2024 shall stand automatically vacated.

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12. Accordingly, this pre-arrest bail application stands disposed of.

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13. Return the case diary.

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JUDGE

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Zaidul Islam and 3 Ors. v. the State of Assam

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Zaidul Islam and 3 Ors. v. the State of Assam

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