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2025 DAILYLAW 16906 (GAU)

SHAMSIL ALOM ALIAS SHAMSUL HOQUE AND 20 ORS. v. THE STATE OF ASSAM

AB/1831/2025 · 2025-09-04

Shamima Jahan

body2025

Judgment text

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Page No.# 1/6 GAHC010169542025 2025:GAU-AS:12096 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1831/2025 SHAMSIL ALOM ALIAS SHAMSUL HOQUE AND 20 ORS. S/O JAHAR ALI R/O VILL- ADURIPARA, P.S. KACHUMARA DIST. BARPETA, ASSAM 2: SUMAR ALI S/O FAZAR ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 3: ABDUL RASID S/O JAHAR ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 4: SHAMJUHA ALOM @ SHAMJUHA S/O JAHAR ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 5: ANOWAR HUSSAIN @ ANAR HUSSAIN S/O AUS UDDIN @ HAUS UDDIN R/O VILL- ADURIPARA Page No.# 2/6 P.S. KACHUMARA DIST. BARPETA ASSAM 6: ABDUL SATTAR S/O LATE FAZAR ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 7: AZIBAR RAHMAN @ AZIBAR S/O LATE SHORHAB ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 8: BILLAL HUSSAIN S/O SHORHAB ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 9: DILBAR HUSSAIN S/O SHORHAB ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 10: AMIR HAMZA S/O SUMAR ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 11: SHAHID ALI S/O LATE FAZAR ALI R/O VILL- ADURIPARA Page No.# 3/6 P.S. KACHUMARA DIST. BARPETA ASSAM 12: AMJAD ALI S/OP AUS UDDIN @ HAUS UDDIN R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 13: KHALILUR RAHMAN S/O ABDUL SATTAR @ SATTAR ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 14: MIZANUR RAHMAN @ MIZANUR S/O SHAHID ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 15: JAHAR ALI S/O LATE ASKAR ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 16: NURJAMAL HOQUE S/O JAHAR ALI R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 17: EUSUF ALI S/O SOINCHA R/O VILL- ADURIPARA Page No.# 4/6 P.S. KACHUMARA DIST. BARPETA ASSAM 18: ABU MUSA S/O SOINCHA R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 19: FALU MANDAL @ FALU S/O SOINCHA R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 20: ABED ALI S/O ABDUL MALEK R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSAM 21: ROBIUL HUSSAIN S/O ABDUL WAHAB R/O VILL- ADURIPARA P.S. KACHUMARA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S HOQUE, Advocate for the Respondent : PP, ASSAM, Page No.# 5/6 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 05.09.2025 1. Heard Mr. S Hoque, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has sought for pre-arrest bail in connection with Kachumara P.S Case No. 272/2025 under the relevant Sections of law. 3. The F.I.R dated 23.07.2025 reveals that owing to a land dispute between two parties, the petitioner and others unauthorizedly entered the house of the informant and assaulted her husband and on hearing hue and cry, when other relatives came to obstruct the petitioners, the petitioners surrounded them and assaulted them and further that the petitioners looted cash amount and ornaments and destroyed trees and due to the said assault, the victims were hospitalized. 4. Mr. S Hoque, learned counsel for the petitioner submits that there is a cross-FIR filed by them at an earlier point of time i.e. on 22.08.2025 wherein it was alleged that it was the informant side that had trespassed and caused injuries to the victim i.e. the petitioners. He also submits that the petitioners were released on interim pre- arrest bail and in compliance with the conditions therein, they had appeared before the I/O and their statements were recorded. 5. Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam, on perusal of the Case Diary, submits that the petitioners have assaulted the informant’s husband and other relatives and that the Page No.# 6/6 evidence of the injured victim reveals the said facts. He has also placed the injury report which shows that there were injuries caused by blunt weapon. He also submits that the petitioners have appeared before the I/O and got their statements recorded. 6. Upon consideration of the submissions made by the parties at the bar, it is clear that there was a group fight between the parties over the disputed land and both the parties were injured during the fight and also due to the fact that the petitioners after obtaining pre-arrest bail had appeared before the I/O and got their statements recorded, this Court deems it fit that the interim pre-arrest bail order dated 01.08.2025, may be made absolute with the condition that the petitioners would strictly comply with the conditions mentioned in the said order. 7. In view of the same, petition is disposed of. JUDGE Comparing Assistant