Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/8 GAHC010088482025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/966/2025 AKTER HUSSAIN AKOND AND ORS S/O- AMINUL ISLAM AKOND VILLAGE- BOALIA PART-II, PS- SUKCHAR, DISTRICT-SOUTH SALMARA MANKACHAR, ASSAM 2: SANU SHEIKH S/O- AMJAD HUSSAIN VILLAGE- BOALIA PART-II PS- SUKCHAR DISTRICT-SOUTH SALMARA MANKACHAR ASSAM 3: ATAUR RAHMAN S/O- AMINUL HAQUE. VILLAGE- BOALIA PART-II PS- SUKCHAR DISTRICT-SOUTH SALMARA MANKACHAR ASSAM 4: ALFIROZ HUSSAIN S/O- AMIL HAQUE. VILLAGE- BOALIA PART-II PS- SUKCHAR DISTRICT-SOUTH SALMARA MANKACHAR ASSAM 5: ANISUR RAHMAN S/O- AMINUL HAQUE. VILLAGE- BOALIA PART-II PS- SUKCHAR DISTRICT-SOUTH SALMARA MANKACHAR ASSAM 6: ABDUL SAMAD
Page No.# 2/8 S/O- LATE ABDUL KAYUM. VILLAGE- BOALIA PART-II PS- SUKCHAR DISTRICT-SOUTH SALMARA MANKACHAR ASSAM 7: ABU SHEIKH S/O- ABDUL KAYUM VILLAGE- BOALIA PART-II P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM 8: SOPIOR RAHMAN S/O- MOFUJOL HOQUE. VILLAGE- BOALIA PART-II PS- SUKCHAR DISTRICT-SOUTH SALMARA MANKACHAR ASSAM 9: RUMON SHIEKH S/O- SOPIOR RAHMAN. VILLAGE- BOALIA PART-II PS- SUKCHAR DISTRICT-SOUTH SALMARA MANKACHAR ASSAM 10: FOZIAL HOQUE S/O- MOFUZAL HOQUE VILLAGE- BOROBALU P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM 11: HASAN SHEIKH S/O- JAMAL UDDIN VILLAGE- GOLABARI P.S- SUKCHAR DISTRICT- SOUTH SALMARA MANKACHAR ASSAM 12: MOLAM SK S/O- JAMAL UDDIN VILLAGE- GOLABARI P.S- SUKCHAR DISTRICT- SOUTH SALMARA MANKACHAR ASSAM 13: NURUL ISLAM
Page No.# 3/8 S/O- JAMAL UDDIN VILLAGE- GOLABARI P.S- SUKCHAR DISTRICT- SOUTH SALMARA MANKACHAR ASSAM 14: ROBIUL ISLAM S/O- SANU SK VILLAGE- BOALIA PART-II P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM 15: REAZUL ISLAM S/O- SONU SK. VILLAGE- BOALIA PART-II P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM 16: RUFILA BEGUM D/O- SONU SK. VILLAGE- BOALIA PART-II P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM 17: ISMAIL HUSSAIN S/O- AMZAD HUSSAIN. VILLAGE- BOALIA PART-II P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM 18: MOTINUR RAHMAN S/O- AMZAD HUSSAIN. VILLAGE- BOALIA PART-II P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM 19: SAHADUR RAHMAN S/O- AMZAD HUSSAIN. VILLAGE- BOALIA PART-II P.S- SUKCHAR
DISTRICT -SOUTH SALMARA MANKACHAR ASSAM
Page No.# 4/8 20: NURUL AZIM SK S/O- AMZAD HUSSAIN. VILLAGE- BOALIA PART-II P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM 21: AFRUZA BEGUM W/O- AMINUL ISLAM AKOND. VILLAGE- BOALIA PART-II P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM 22: KASHMIRA BEGUM W/O- ABU SHEIKH. VILLAGE- BOALIA PART-II P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM 23: LAILE BEGUM W/O- ABU SK.
VILLAGE- BOALIA PART-II P.S- SUKCHAR DISTRICT -SOUTH SALMARA MANKACHAR ASSAM
VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S U AHMED, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM,
Page No.# 5/8 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 28.05.2025
1. Heard Mr. S. U. Ahmed, learned counsel for the petitioners. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioners, namely, (i) Akter Hussain, (ii) Sanu Sheikh, (iii) Ataur Rahman, (iv) Alfiroz Hussain, (v) Anisur Rahman, (vi) Abdul Samad, (vii) Abu Sheikh, (viii) Sopior Rahman, (ix) Rumon Shiekh, (x) Fozial Hoque, (xi) Hasan Sheikh, (xii) Molam Sk, (xiii) Nurul Islam, (xiv) Robiul Islam, (xv) Reazul Islam, (xvi) Rufila Begum, (xvii) Ismail Hussain, (xviii) Motinur Rahman, (xix) Sahadur Rahman, (xx) Nurul Azim Sk, (xxi) Afruza Begum, (xxii) Kashmira Begum and (xxiii) Laile Begum, who are apprehending their arrest in connection with Sukchar P.S. Case No.
26/2025
under
Sections
191(2)/191(3)/ 190/329(4)/329(3)/118(2)/117(2)/109 of BNS. 3. The gist of the accusation in this case is that on 02.04.2025, one Roshena Khatun Bibi had lodged an FIR before the Officer-in-charge of Sukchar Police Station, inter alia, alleging that the accused persons named in the FIR (23 persons) i.e., the present petitioners were named in the FIR had on 01.04.2025 armed with deadly weapons in an attempt to grab the land of the informant surrounded the premises of the informant and trespassed therein. It is further alleged in the FIR that the petitioners assaulted the son of the informant, namely, Mominul Akond with a deadly weapon. Later on, the younger son of the informant, namely Milan Akond went there to save his brother, he was also assaulted. Page No.# 6/8
4.
The learned counsel for the petitioners has submitted that the petitioners, namely, Hasan Sheikh, Molam Sk, Rufila Begum, Afruza Begum, Kashmira Begum and Laile Begum were granted interim anticipatory bail by this Court and in pursuant to the directions of this Court, they have appeared before the Investigating Officer and have co-operated in the investigation, hence, he prays for making interim bail of the aforesaid petitioners as absolute. He further submits that the incident occurred due to some altercation over land dispute between the parties. He submits that the injuries sustained by the victims are not of grievous nature and, therefore, prays for bail of the remaining petitioners also. 5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Sukchar P.S. Case No. 26/2025 and has submitted that the petitioners who were granted interim bail by order dated 01.05.2025 have appeared before the Investigating Officer and their statement were also recorded. She, however, submits that four persons sustained grievous injuries and the photographs of the injuries are also there in the case diary. 6. She also submits that the injured victims have specifically implicated the petitioner No. i. Akter Hussain, ii. Sanu Sheikh, vii. Abu Sheikh, viii Sopior Rahman and ix. Rumon Shiekh. Against other petitioners, there are accusations of general nature. 7. I have considered the submissions made by the learned counsel for both the sides and have perused the case diary. 8. Since, there are incriminating materials in the case diary regarding infliction of grievous injuries on the victim by the petitioner No. i. Akter Hussain, ii. Sanu Sheikh, vii. Abu Sheikh, viii. Sopior Rahman and ix. Rumon Shiekh, hence, this Court is of considered opinion that they may not be granted
Page No.# 7/8 anticipatory bail at this stage. Hence, the prayer for anticipatory bail of the aforesaid petitioners are hereby rejected. 9. As regards the petitioners, who were granted interim bail by order dated 01.05.2025, same is hereby made absolute as they have complied with the orders of this Court and have co-operated in the investigation. 10.
As regards the remaining accused persons, namely, iii. Ataur Rahman, iv. Alfiroz Hussain, v. Anisur Rahman, vi. Abdul Samad, x. Fozial Hoque, xiii. Nurul Islam, xiv. Robiul Islam, xv. Reazul Islam, xvii. Ismail Hussain, xviii. Motinur Rahman, xix. Sahadur Rahman, xx. Nurul Azim Sk, are hereby directed to appear before the Investigating Officer of Sukchar P.S. Case No. 26/2025 within a period of ten days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest, in connection with the above noted case, they shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) each with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:- (i) That the petitioners who are allowed to go on anticipatory bail shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioners who are allowed to go on anticipatory bail shall co-operate in the investigation;
11. This anticipatory bail application is accordingly disposed of. 12. Send back the case diary. Page No.# 8/8 JUDGE Comparing Assistant