Rashidul Hoque Faraji @ Rashidul Hoque @ Roshidul v. The State of Assam,

ORDER

18.11.2024

¶1Heard Mr. G. Chamuah, learned counsel for the petitioners namely, (i) Rashidul Hoque Faraji @ Rashidul Hoque A Roshidul, (ii) Md. Ashraful Islam, and

(iii) Md. Abjanur Rahman.

¶2The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 27.08.2024 in connection with North Lakhimpur P.S. Case No. 253/2024 under

Sections 61(2)/316(2)/318(4)/127(2)/308(2)/308)4)/117(2)/109/310(2)/112 of the BNS.

¶3Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the present petitioners is that they in connivance with Jamir Khan and Rajubul Islam assaulted the informant and robbed Rs. 20,000/- from him along with one gold chain and two golden rings.

¶5It is also alleged that the present petitioners are involved in selling fake gold.

¶6Learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner.

¶7However, I have considered the progress of investigation and the length of Page No.# 3/3 detention. I have also considered the submission that the petitioners are willing to co-operate with the remaining part of investigation and they are willing to abide by any stringent bail conditions, if imposed upon them.

¶8Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the learned CJM, Lakhimpur, North Lakhimpur under the conditions that:

(i) The petitioners shall co-operate with the remaining part of investigation,

(ii) The petitioners shall refrain from such activities with which they are alleged,

(iii) The petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, and

(iv) The petitioners shall not leave the jurisdiction of the Court without prior permission.

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

¶10In terms of the above observation, bail application stands disposed of.

¶11Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010219462024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3230/2024o RASHIDULoHOQUEoFARAJIo@oRASHIDULoHOQUEo@oROSHIDULo SONoOFo-oMD.oAKTARoHUSSAINo@oAKTORoFARAJI,oRESIDENToOFoVILLo-o PANDHUWA,oP.O.o-oGORCHIGA,oP.S.o-oNORTHoLAKHIMPUR,oDISTRICTo-o LAKHIMPUR,o(ASSAM)oPINo-o787054 2:oMDoASHRAFULoISLAM oS/Oo-oMD.oSURMUJoALIo@oHARMUJoALIoRESIDENToOFoVILLo-oUTTARo MAHGHULI oP.O.o-oSALMORAoTINIALI oP.S.o-oNORTHoLAKHIMPUR oDISTRICTo-oLAKHIMPUR o(ASSAM)oPINo-o787052 3:oMDoABJANURoRAHMAN oSONoOFo-oMD.oHABIBURoRAHMAN oRESIDENToOFoVILLo-oUTTARoMAHGHULI oP.O.o-oSALMORAoTINIALI oP.S.o-oNORTHoLAKHIMPUR oDISTRICTo-oLAKHIMPUR o(ASSAM)oPINo-o78705o VERSUSo THEoSTATEoOFoASSAM,o REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoGoCHAMUAH,o AdvocateoforotheoRespondento:oPP,oASSAM,oo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND