Samidul Islam @ Samidul Hoque and Anr v. The State of Assam

ORDER Date : 11.12.2024 Both the applications having arisen out of the same FIR, the same are taken up together for disposal by this common order.

¶2Heard Ms. R. Choudhury, learned counsel appearing for the petitioners. Also heard Ms. N. Das, learned Additional Public Prosecutor for the state of Assam.

¶3These two applications are filed u/s 483 and 482 of the BNSS, 2023, whereby the petitioner Sobhan Ali @ Subahan Ali has prayed for releasing him on bail, after he was arrested in connection with Gouripur PS Case No. 276/2024. By the other application, the petitioners, Samidul Islam @ Samidul Hoque and Osman Goni Ahmed @ Osman Goni have prayed for grant of pre-arrest bail in respect of the same Police Station.

¶4There is an allegation that one boy named Saidul Islam once entered into the house of Sohaban Ali, when his elder brother was not present in the house. It is further alleged that Sahidul Islam had physical relationship with the 15 years old daughter of Soleman Ali for the whole night. According to Soleman Ali, the act of Saidul Islam on that day was against the Page No.# 3/4 will of his daughter. Thereafter, on 05.09.2024, the present petitioners called Saidul Islam to their house and after locking the door, the present petitioners had beaten up Saidul Islam. Sahidul Islam is 16 years old and he is the elder brother of the said girl. Osman Goni Ahmed @ Osman Goni aged about 31 years and Sobhan Ali, aged about 33 years are uncles of Samidul Islam.

¶5Ms. N. Das has objected to these two bail applications on the ground that the medical report suggest that Sahidul Islam has sustained injuries on that day. According to Ms. Das, there are some witnesses to support the prosecution story.

¶6I have considered the submissions made by the learned counsels of both sides.

¶7This Court is of the opinion that because of his young age, the petitioner, Samidul Islam @ Samidul Hoque does not deserve to be detained in custody. Considering the young age of Samidul Islam @ Samidul Hoque, his anticipatory bail application is allowed.

¶8It is hereby directed that in the event of arrest in connection with Gouripur P.S. Case No. 276/2024, the petitioner, Samidul Islam @ Samidul Hoque shall be released on bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the arresting authority.

¶9The petitioner, Samidul Islam @ Samidul Hoque is directed to appear before the Investigating Officer within next 10 days from today.

¶10So far the cases of the petitioners, Sobhan Ali @ Subahan Ali & Osman Goni Ahmed @ Osman Goni are concerned, this Court is of the opinion that under the given circumstances of the case, they also do not deserve to be detained in custody. Therefore, the prayer for anticipatory bail of the petitioner Osman Goni Ahmed @ Osman Goni and the prayer for bail of the petitioner, Sobhan Ali @ Subahan Ali are allowed.

¶11It is hereby directed that in the event of arrest in connection with Gouripur PS Case No. 276/2024, the petitioner, Osman Goni Ahmed @ Osman Goni shall be released on bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the arresting authority.

¶12The petitioner, Osman Goni Ahmed @ Osman Goni is directed to appear before the Investigating Officer within next 10 days from today.

¶13The petitioner, Sobhan Ali @ Subahan Ali, who was arrested in connection with Page No.# 4/4 Gouripur PS Case No. 276/2024 shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhubri.

¶14Both the bail applications are disposed of accordingly.

¶15CD(s) shall be returned. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010250902024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3116/2024 SAMIDUL ISLAM @ SAMIDUL HOQUE AND ANR. S/O SOLEMAN ALI R/O VILL- BANIAMARI PART-I P.S. GAURIPUR DIST.DHUBRI, ASSAM 2: OSMAN GONI AHMED @ OSMAN GONI S/O LATE MOHAMMAD ALI R/O VILL- BANIAMARI PART-I P.S. GAURIPUR DIST.DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MS. R CHOUDHURY, MS. B. HAZARIKA Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./3629/2024 SOBHAN ALI @ SUBAHAN ALI S/O LATE MOHAMMAD ALI VILL- BANIAMARI PART-I Page No.# 2/4 P.S. GAURIPUR DIST. DIST. DHUBRI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP GOVT. OF ASSAM ------------ Advocate for : MS. R CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA