Rafiqul Islam and 16 Ors v. The State of Assam

ORDER Date : 19-11-2024 Heard Mr. H.R. Chouhdury, learned counsel for the petitioner Nos. 1. Rafiqul Islam, 2. Gulzar Hussain, 3. Nabi Hussain, 4. Amina Khatun, 5. Hazarat Ali, 6. Anisha Khatun, 7. Jagir Ali, 8. Dildar Hussain, 9. Baharul Islam, 10. Page No.# 3/5 Rehana Begum, 11. Jamina Khatun, 12. Md. Ikramul Islam, 13. Saidul Islam, 14. Habijul Islam, 15. Ohijul Islam, 16. Hazera Khatun and Kulsuma Khatun, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Dhekiajuli Police Station Case No. 135/2024 under Sections 190/190(2)/190(3)/118(2)/109/132/304/76 of Bharatiya Nyaya Sanhita, 2023

¶2Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The FIR unfolds that SI(UB) Priyanshu Buraguhain went to execute a warrant of arrest vide No. NDPACT/84/2024 arising out of GD-12 and arrest Rafiqul Islam. The informant along with his team visited Rafiqul Islam's house at about 1.30 AM. At that time, the petitioners along with the co-accused armed with dao, lathi resisted the police party and the informant along with four office assistants sustained injuries in the process. The accused named in the FIR as well as the petitioners facilitated the escape of Rafiqul Islam and also tried to strangulate UBC Sri Giri Das and ripped off his uniform and assaulted Md. Nurul Islam of 12 APBN and snatched his 5.56 INSAS Rifle and fired one bullet. A video recording of this incident was done by UBC 666 Md. Luthfur Rahman in his mobile phone and has been loaded in a compact disk and annexed along with the FIR.

¶4Learned Additional Public Prosecutor has raised serious objection stating that four police personnel have sustained injuries.

¶5I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Indeed four police personnel have sustained Page No.# 4/5 injuries.

¶6It is submitted on behalf of the petitioners that the petitioner No. 1 Rafiqul Islam is not an accused in connection with NDPS Case No. 84/2022 but despite ardent requests and pleadings by Rafiqul Islam, the informant and the Investigating Team with highhandedness tried to apprehend and arrest the petitioner No. 1, which resulted in the unfortunate incident. It is submitted that arresting or trying to arrest an innocent person was a deplorable act which also affects the right to liberty of an innocent person.

¶7On the other hand, it is also submitted that the aggressive act of the villagers was not justified. During investigation, incriminating materials have emerged against the present petitioners. However, I have considered the fact that the petitioner Nos. 4. Amina Khatun, 6. Anisha Khatun, 10. Rehana Begum,

¶11Jamina Khatun, 16. Hazera Khatun and 17. Kulsuma Khatun are women, and their custodial interrogation may not be required as investigation has progressed substantially and their petition with prayer for pre-arrest bail is allowed.

¶8In the event of their arrests, the petitioner Nos. 4. Amina Khatun, 6. Anisha Khatun, 10. Rehana Begum, 11. Jamina Khatun, 16. Hazera Khatun and

¶17Kulsuma Khatun are to be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :

(i) the petitioner Nos. 4, 6, 10, 11 and 16 shall appear before the Investigating Officer within one week and cooperate with the investigation,

(ii) the petitioner Nos. 4, 6, 10, 11 and 16 shall refrain from such activities with which they are alleged, Page No.# 5/5

(ii) the petitioner Nos. 4, 6, 10, 11 and 16 shall not tamper with the evidence and influence the witnesses and,

(iv) the petitioner Nos. 4, 6, 10, 11 and 16 shall not leave the jurisdiction of the Court without prior permission.

¶9On breach of any of the bail conditions, pre-arrest bail order shall automatically stand cancelled.

¶10The pre-arrest bail application of the other petitioners, stands rejected at this stage.

¶11In terms of the above observation, this Anticipatory Bail application stands disposed of.

¶12Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010164772024 ooooooo 2024:GAU-AS:11277 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2183/2024ooooooooo RAFIQULoISLAMoANDo16oORSo S/OoEACHAKoALI 2:oGULZARoHUSSAIN oS/OoHAZARAToALI 3:oNABIoHUSSAIN oS/OoHAZARAToALI 4:oAMINAoKHATUN oD/OoGULZARoHUSSAIN 5:oHAZARAToALI oS/OLT.oJUNAFoALI 6:oANISHAoKHATUN oW/OoJAKIRoHUSSAIN 7:oJAGIRoALI oS/OoHAZARAToALI 8:oDILDARoHUSSAIN oS/OoHAZARAToALI 9:oBAHARULoISLAM oS/OoECHAKoALI 10:oREHANAoBEGUM oW/OoBAHARULoISLAM 11:oJAMINAoKHATUN oW/OoRATIKULoISLAM 12:oMD.oIKRAMULoISLAM Page No.# 2/5 S/O ECHAK ALI 13: SAIDUL ISLAM S/O ECHAK ALI 14: HABIJUL ISLAM S/O ECHAK ALI 15: OHIJUL ISLAM S/O ECHAK ALI 16: HAZERA KHATUN W/O REJJAK ALI 17: KULSUMA KHATUN W/O SOFIQUL ISLAM ALL ARE FROM VILL- FATASIMOLU P.S. ORANG DIST. UDALGURI (BTR) ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND