Moynal Hoque and Anr v. The State of Assam

ORDER Date : 27.11

. 2024

¶1Heard Mr. MR Khandakar, learned counsel for the petitioners, (1) Moynal Hoque and (2) Sultan Ali, who have filed this application under Section 482 Page No.# 2/3 BNSS, 2023 with a prayer for pre-arrest bail as they are apprehending arrest in connection with Lakhipur P.S. Case No. 90/2024 (Corresponding to G.R. Case No. 296/2024) under Sections 120/ 302/34 IPC.

¶2Heard Mr. K. Baisya, learned Addl. Public Prosecutor, Assam, appearing for the State respondent, who has raised objection against the prayer of pre-arrest bail as they are incriminating materials against the petitioners.

¶3The FIR unfolds that on 24.03.2024 at about 4.00 p.m. one Abu Bakkar took the informant's father, Kobad Ali alongwith him and since then the informant's father was missing and finally the dead body of the informant's father was recovered.

¶4It is submitted on behalf of the petitioners that petitioners are on interim bail granted by a co-ordinate Bench of this Court vide order dated 17.09.2024. It is also submitted that the petitioners were at that time working at Meghalaya as mason and they were not present at that time of occurrence and their names have been falsely mentioned in the FIR.

¶5The case diary is received and perused.

¶6I have scrutinized the case diary.

¶7I have considered the submission that the petitioners are willing to co-operate with the remaining part of investigation and to abide by any stringent conditions of bail imposed on them.

¶8The petitioners are a local residents and not flight risks.

¶9I have considered the submissions of the learned counsel for the parties at the bar with circumspection.

¶10The merits of the case are not brought to the fore as the case is still at the Page No.# 3/3 stage of investigation.

¶11The petitioners have appeared before the I.O. and have co-operated with the investigation. The petitioners have not violated any conditions of the interim bail granted to them.

¶12Considering the entire aspect of the matter and in view of my foregoing discussions, the interim order dated 17.09.2024 is hereby made absolute subject to the conditions that:-

(i) the petitioners shall appear before the I.O. within 1 (one) week from today;

(ii) the petitioners shall refrain from such activities with which they are alleged;

(iii) the petitioners shall appear before the I.O. on every fortnight till completion of investigation,

(iv) the petitioners shall not hamper the investigation or tamper with the evidence of the case, and

(v) the petitioners shall not leave the territorial jurisdiction of the Elaka Magistrate, without prior written permission from him/ her.

¶13On breach of any of the bail conditions, bail granted to the petitioners shall automatically stand cancelled.

¶14Bail application is disposed of.

¶15Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010175592024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2264/2024 MOYNAL HOQUE AND ANR S/O LT. AJGOR ALI MIRDDA @ AJGOR MIRDDA, R/O VILL- SIMULBARI, P.O.-AOLATOLI, P.S.-LAKHIPUR, DIST- GOALPARA, ASSAM, PIN-783129 2: SULTAN ALI S/O MOYNAL HOQUE R/O VILL- SIMULBARI P.O.-AOLATOLI P.S.-LAKHIPUR DIST- GOALPARA ASSAM PIN-78312 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND