Aminul Islam and 4 Ors v. The State of Assam

ORDER Date : 13-12-2024

Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. M. Ahmed, learned counsel appearing for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of PRC No.604/2024, arising out of South Salmara Police Station

Case

no.

156/2024

registered

under

Sections 191(2)/191(3)/190/329(3)/223/117(2)/118(2)/109 of the BNS Act.

¶3The present 5 (five) petitioners are shown as absconders in a charge sheet alleging that they have committed offences triable by Court of Sessions. The petitioners are apprehended that if they appear before the Court of Judicial Magistrate First Class, Hatsingimari, they will be remanded to custody since this Court has no jurisdiction to entertain their bail. The petitioner has submitted that they are unnecessarily impleaded in this case and they want to face the Page No.# 3/3 trial.

¶4I have considered the submissions made by the learned counsel for both sides.

¶5Since the petitioners are interested in facing the trial, they should be given an opportunity to face the trial. Therefore, the pre-arrest bail application is allowed.

¶6The petitioners, namely (1) Aminul Islam, (2) Raju Mondal @ Raju Miah,

(3) Moynal Hoque @ Moinul Hoque, (4) Afzalur Rahman Mondal @ Afzal and (5) Shalu Miah @ Salu in connection with PRC No.604/2024, arising out of South Salmara Police Station Case no. 156/2024, are hereby directed to appear before the Court of learned Judicial Magistrate First Class, Hatsingimari on 23.12.2024 and on their appearance, they shall be released on bail of ₹25,000/- each with sureties of like amount each to the satisfaction of the learned Judicial Magistrate First Class, Hatsingimari. With the aforesaid direction, the application for bail is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010265352024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3277/2024o AMINULoISLAMoANDo4oORS.o S/OoLATEoABDULoJILILoMONDAL,oRESIDENToOFoVILL-oKANAIMARAoPART- II,oP.S.oSOUTHoSALMARA,oDIST.oSOUTHoSALMARAoMANKACHAR,oASSAM. 2:oRAJUoMONDALo@oRAJUoMIAH oS/OoLATEoKHOLILoMONDAL o R/OoVILL-oDAYARoCHAR oP.S.oSOUTHoSALMARA o DIST.SOUTHoSALMARAoMANKACHAR oASSAM 3:oMOYNALoHOQUEo@oMOINULoHOQUE oS/OoLATEoKHOLILoMONDALo R/OoVILL-oDAYARoCHAR o P.S.oSOUTHoSALMARA oDIST.oSOUTHoSALMARAoMANKACHAR oASSAM 4:oAFZALURoRAHMANoMONDALo@oAFZAL oS/OoREZZAKoMONDALo@oREZAULo R/OoVILL-oDAYARoCHAR oP.S.oSOUTHoSALMARA o DIST.oSOUTHoSALMARAoMANKACHAR oASSAM 5:oSHALUoMIAHo@oSALU oS/OoUSGARoALIo R/OoVILL-oDAYARoCHAR oP.S.oSOUTHoSALMARA o Page No.# 2/3 DIST. SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTORS, ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA