Amiran Nessa and Anr v. The State of Assam

ORDER Date : 19-11-2024 Heard Mr. A. Bhattcharjee, learned counsel for the petitioner Nos. 1. Amiran Nessa and 2. Jomila Khatoon, 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. Page No.# 3/4

¶5I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Indeed four police personnel have sustained 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 petitioners Amiran Nessa and Jomila Khatoon 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 petitioners Amiran Nessa and Jomila Khatoon 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 petitioners shall appear before the Investigating Officer within one week and cooperate with the investigation,

(ii) the petitioners shall refrain from such activities with which they are alleged, Page No.# 4/4

(ii) the petitioners shall not tamper with the evidence and influence the witnesses and,

(iv) the petitioners 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.

¶10In terms of the above observation, this Anticipatory Bail application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010164772024 ooooooo 2024:GAU-AS:11277 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2253/2024 AMIRANoNESSAoANDoANR W/OoLATEoEACHAKoALIo R/OoFATAoSIMALUoGAONo P.O.oFATAoSIALUoGAONo P.S.oORANGoPIN-784117o DIST.oUDALGURI 2:oJOMILAoKHATOON D/OoLATEoJONABoALIo R/OoFATAoSIMALUoGAON o P.S.oORANG oPIN-784117o DIST.oUDALGURI oVERSUS THEoSTATEoOFoASSAM REPoBYoTHEoLD.oPP oASSAM o------------ oAdvocateoforo:oMR.oAoBHATTACHARYA Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND