Page No.# 1/4 GAHC010279352024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3968/2024 MOZAMMEL HOQUE (MINOR) AND 2 ORS. S/O ABDUL BAREK @ ABDUL BARIK R/O HARDEMARA P.S. CHAPAR DIST. DHUBRI PIN-783371 2: SRI TAJNUR HOQUE S/O ABDUL BAREK @ ABDUL BARIK R/O HARDEMARA P.S. CHAPAR DIST. DHUBRI PIN-783371 3: SRI SANIDUL ISLAM S/O ABDUL BAREK @ ABDUL BARIK R/O HARDEMARA P.S. CHAPAR DIST. DHUBRI PIN-783371 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. A A R KARIM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 29.01.2025 Heard Mr. A.A.R. Karim, learned counsel for the accused. Also heard Mr. B. Sarma, learned Additional. Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by three accused, namely, Mozammel Hoque, Tajnur Hoque and Sanidul Islam, who have been languishing in jail hazot in connection with Chapar P.S. Case No. 198/2024, under Sections 61(2)/19(3)/132/121(2)/121(1)/109/76 of the BNS, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI(P) Khanjan Jyoti Choudhury of Chapar P.S. on 15.12.2024. The essence of allegation in the FIR dated 15.12.2024, is that acting on a tip off about possessing one illegal fire arm with live ammunitions in his house by one person, namely, Ayub Ali of Hardemara area, a search was conducted in his house and then the family members of Ayub Ali, namely, Mozammel Hoque, Taznur Hoque, Sanidul Islam, Saddam Hussain, Alima Begum, Khudeja Khatun prevented the police team from discharging their duty and uttered obscene words and also attacked the police team with wooden log, bamboo stick, broomstick, iron grill and pointed arrow, and as a result, SI Deepjyoti Engti, Officer In-charge of Chapar P.S. sustained injuries on his left hand and right arm, UBC Dipankar Sharma was also attacked with a sharp weapon with an intention to murder him, SI Kirtiman Pathak and UBC Monowar Hussain Akand were also attacked with wooden log, and that Khudeja Khatun dragged WPC Karishmita Barman to the ground and WPC Pratima Sutradhar was Page No.# 3/4 also attacked with a wooden log as a result of which she sustained injuries, and WSI Aparna Talukdar was grabbed by Sanidul Islam with an intention to outrage her modesty, for which search could not be conducted in the house of Ayub Ali. Thereafter, SDPO Bilasipara arrived at the place of occurrence and neutralized the matter and the police team was allowed to conduct search in the house. 4. Mr. Karim, learned counsel for the accused submits that the accused were arrested on 15.12.2024, and since then they have been languishing in jail hazot, and that as alleged in the FIR, no incident has taken place. Mr. Karim also submits that the accused No. 1, Mozammel Hoque is a minor and his date of birth is 05.04.2009, and in support of the same, Mr. Karim has filed an additional affidavit annexing the birth certificate issued by the Registrar, Birth and Death, Chapar PHC, and that that the accused persons are ready to cooperate with the investigating agency, and therefore, it is contended to allow the petition. 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the I.O. has collected sufficient incriminating materials against the accused persons and that they have prevented the police team from discharging their lawful duty, and therefore, Mr. Sarma has opposed the petition. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Additional Public Prosecutor. 7. It appears that the I.O. has collected sufficient incriminating materials against the accused persons, investigation is going on and enlarging the accused persons on bail at this stage will hamper the investigation. Page No.# 4/4 8. Though, Mr. Karim, learned counsel for the accused has taken a stand that the accused No. 1, Mozammel Hoque is a minor, yet the notice under Section 47 of the BNSS indicates that the age of Mozammel Hoque is 19 years. 9. Under such circumstances, the birth certificate enclosed with the additional affidavit, filed by the learned counsel for the accused, fails to inspire confidence of this Court. 10. In the given facts and circumstances, this Court is of the view that this is not a fit case where the privilege of bail can be granted to the accused persons at this stage and accordingly, this bail application stands dismissed. 11. Case diary be returned. JUDGE Comparing Assistant