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GAHC010056472022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/831/2022 SOIBOR RAHMAN AND 4 ORS S/O LATE SAYED ALI, R/O VILL-KANNAMOTI, P.O.-JHOWDANGA, P.S.-
MANKACHAR, DIST-SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131
2: CHAND MIA S/O LATE SOYEDUR RAHMAN R/O VILL-TOKRAIPARA P.O.-JHOWDANGA P.S.-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM PIN-783131
3: ASHAFUL ISLAM S/O SOIBOR RAHMAN R/O VILL-KANNAMOTI P.O.-JHOWDANGA P.S.-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM PIN-783131
4: RAKHU MIAH S/O SOIBOR RAHMAN R/O VILL-KANNAMOTI P.O.-JHOWDANGA P.S.-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM PIN-783131
5: TARIF HOSEN @ MIAH S/O SOIBOR RAHMAN R/O VILL-KANNAMOTI P.O.-JHOWDANGA P.S.-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
['M ISLAM', '', 'PADMINI BARUA', 'RUKMINI BARUA', 'PP', 'ASSAM']
ORDER
06.08.2022 Date :
Heard Ms. P. Baruah, learned counsel for the petitioners. Also heard Mr.
Bidyut Sarma, learned APP appearing for the State.
Apprehending arrest in connection with Mankachar P.S. Case No.
47/2022 under sections 447/326/307/34 IPC corresponding to G.R. No.
94/2022, the petitioners have filed this application under section 438 Cr.P.C.
The learned APP has produced the case diary of Mankachar P.S. Case No.
47/2022 and Mankachar P.S. Case No. 50/2022 and opposed the prayer for bail.
The case diary of Mankachar P.S. Case No. 47/202 reveals that three persons from the informant’s side had suffered injuries, out of which, two persons were grievously hurt with blunt weapon and one person had received simple injury with blunt weapon.
The case diary of Mankachar P.S. Case No. 50/2022, which is lodged by the petitioner no.4 herein reveals that one person had received simple injury by sharp weapon.
It is seen that both sides are members of the same family, being two siblings, who had quarrel led amongst themselves and that both sides have received injuries. Accordingly, the Court is inclined to opine that custodial interrogation of the petitioners may not be required. Hence, the Court is inclined to make the pre-arrest bail granted to the petitioner no.4 by order dated 24.03.2022 absolute on the same terms.
The Court is also inclined to provide that in the event of the arrest of the petitioner nos.1, 2, 3 and 5, namely, (1) Soibor Rahman, (2) Chand Mia, (3) Ashaful Islam, and (4) Tarif Hosen @ Miah in connection with Mankachar P.S. Case No. 47/2022, they shall be released on pre-arrest bail on furnishing bail bond of Rs.40,000/- each with one suitable surety of like amount to the satisfaction of the arresting officer.
The pre-arrest bail is granted on the following conditions:
1. All the petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required.
2. 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.
3. The petitioners shall not obstruct the smooth progress of the investigation/trial.
4. The petitioners shall not misuse their liberty in any manner.
5. The petitioners shall appear before the I/O within 7 (seven) days from today and further appear before the I/O once in every 15 (fifteen) days till their personal appearance is dispensed with or charge-sheet is filed, whichever is earlier.
Application stands disposed of.
Case diaries are returned.
