Mofizul Ali @ Mofizul Hoque and 4 Ors v. The State of Assam

ORDER Date : 12/12/2024

Heard Mr. I.A. Hazarika, leaned counsel appearing for the petitioners. Also heard Mr. R.R. Kaushik, learned APP, Assam as well as Ms. P. Kalita, learned counsel for the informant. This is an application under section 482 of the BNSS, 2023 praying for pre-arest bail in connection with Bilasipara PS case No. 183/2024 registered under sections 117(2)/118(2)/2(34) of the BNS, 2023. On the day of the occurrence, the smoke emanating from the cow shed of the petitioners' house caused trouble to the informant's house. Therefore, the family members of the informant had quarrels with the petitioners. The said quarrels became violent. It is alleged that the petitioners had attacked the family members of the informant with sharp weapons causing grievous injuries. The CD contains some photographs showing that the family members of the informant sustained grievous injuries. The case diary also reveals some incriminating materials against the present petitioners. I have considered the submission advanced by learned counsel for both the sides. Though some incriminating materials are available against the petitioner No. 4 Mahour Jan Bibi Page No.# 3/3 @ Mohiron Bibi and petitioner NO. 5 Babina Begum @ Baby Begum, this Court is of the opinion that since they are women, they do not deserve to be retained in custody. Therefore, their pre-arrest bail is allowed. The interim order dated 03/10/2024 is made absolute. So far as the prayer of petitioner no. 2 Ali Hussain is concerned, there are some incriminating materials against him. But considering his age, this Court is of the opinion that in such an age he does not deserve to be retained in custody. Therefore, his pre-arrest bail is hereby allowed. It is hereby directed that in the event of arrest in connection with Bilasipara PS Case No. 183/2024, the petitioner Ali Hussain shall be released on bail on furnishing bail bond of Rs. 20,000/- and one surety of like amount to the satisfaction of the arresting authority. Ali Hussain shall appear before the Investigating Officer within 10(ten) days from today. The bail application of the petitioners Mofizul Ali @ Mofizul Hoque and Mohiru Hussain @ Mohirun Hoque is rejected. The bail application stands disposed of accordingly. The CD shall be returned.

JUDGE sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010185272024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2418/2024o MOFIZULoALIo@oMOFIZULoHOQUEoANDo4oORSo S/OoALIoHUSSAIN,oR/OoVILL-oBANGALIoPARAoPART-II,oP.S.-BILASHIPARA,o DIST-oDHUBRI,oASSAM 2:oALIoHUSSAIN oS/OoLATEoPUSHARoALI oR/OoVILL-oBANGALIoPARAoPART-II oP.S.-BILASHIPARA oDIST-oDHUBRI oASSAM 3:oMOHIRULoHUSSAINo@oMOHIRULoHOQUE oS/OoALIoHUSSAIN oR/OoVILL-oBANGALIoPARAoPART-II oP.S.-BILASHIPARA oDIST-oDHUBRI oASSAM 4:oMAHOURoJANoBIBIo@oMOHIRONoBIBI oW/OoALIoHUSSAIN oR/OoVILL-oBANGALIoPARAoPART-II oP.S.-BILASHIPARA oDIST-oDHUBRI oASSAM 5:oBABINAoBEGUMo@oBABYoBEGUM oW/OoMOFIJULoALI oR/OoVILL-oBANGALIoPARAoPART-II oP.S.-BILASHIPARA oDIST-oDHUBRI oASSAo VERSUSo Page No.# 2/3 THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, B BARMAN,MR. H ALI Advocate for the Respondent : PP, ASSAM, P. KALITA(INFORMANT),MD A RAHMAN (INFORMANT) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA