Md. Sofiqul Islam v. The State of Assam

ORDER Date : 25.07.2023

Heard Mr. S. Das, learned counsel appearing for the accused petitioner as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Md. Sofiqul Islam, has prayed for grant of bail in connection with Dhubri P.S. Case No.191/2023 under Sections 120B/121/121A of the IPC, R/W Sections 17/19/20/21/39/40 of UAP Act. Page No.# 2/3 It is noticed that the accused petitioner has been in judicial custody since

25.04.2023, i.e. for 91 days. The brief fact of the case is that as per secret information, the informant learnt that the present petitioner along with two other FIR named accused persons were involved in an Ansarullah Bangla Team (in short, 'ABT') module in Dhubri, which was linked to Al Qaeda in Indian Subcontinent (AQIS) and they had several financial transactions linked with arrested ABT members over the past several years. A perusal of the FIR as well as the forwarding report, it is revealed that the present petitioner is named in the FIR and there is a prima facie case against him. On the other hand, Mr. B. Sarma, learned Addl. P. P., submits that as per instruction, further extension of detention of the accused petitioner is not sought for. Having heard the learned counsel of both sides and considering the length of detention, this Court is of the considered opinion that further continuation of detention of the accused, in the interest of investigation, is not warranted. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 30,000/-with two sureties of like amount to the satisfaction of the learned District and Sessions Judge, Dhubri subject to the following conditions-

i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and

ii) That the accused petitioner 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 the Police Officer or the Court; and Page No.# 3/3

iii) That the accused petitioner shall refrain from committing any similar offences in future, of which he is suspected of commission; and

iv) That out of the two sureties, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned Court below shall return the original documents retaining legible scanned copy thereof on record for future reference. Breach of any of the above conditions of bail shall render cancellation of the bail in accordance with law. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010155572023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2514/2023 MD. SOFIQUL ISLAM S/O MD. SHAHJAHAN ALI VILL- BOGOLAMARI P.S. DHUBRI, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR