Page No.# 1/4 GAHC010049402025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/561/2025 RAKIB MONDOL S/O NUR MOHAMMAD MONDOL VILL-JHAGRARPAR PT.III P.S. DHUBRI DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD B ISLAM, MR. S UDDIN,F KHATUN,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, MR. M BISWAS (INFORMANT),MR K HUSSAIN (INFORMANT) Linked Case : AB/673/2025 RASUL HOQUE @ RASUL HOQUE BAHADUR S/O- LATE FAYZAL HOQUE R/O- WARD NO 14 HOQUE NAGAR PS DHUBRI DIST- DHUBRI ASSAM VERSUS Page No.# 2/4 THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.05.2025 These Anticipatory Bail Applications are taken up together for disposal by this common order as both the applications have arisen out of the same FIR. 2. Heard the learned Senior Counsel Mr. H R A Choudhury assisted by Ms. H. Ahmed appearing for the petitioner in AB No. 673/2025 as well as Mr. A Alam, the learned counsel appearing for the petitioner in AB No. 561/2025. Also heard Mr. K K Parasar, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. M. Biswas, the learned counsel appearing for the informant. 3. Both these applications are filed under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of Gauripur PS Case No. 59/2025. 4. On 05.02.2025, the informant lodged an FIR before police alleging that about 4/5 days ago, the petitioner Rasul Hoque @ Rasul Hoque Bahadur had called him over phone and demanded ₹1,00,000/- (Rupees one lakh) from him per month. It is alleged that the informant was threatened that if he fails to fulfill the demand, he will be killed. On 04.02.2025, at about 9.20 PM, Rasul Hoque @ Rasul Hoque Bahadur had called the informant over phone and demanded money from him and threatened to kill him, if he fails to pay the money. 5. The same informant gave statement under Section 164 of the CrPC stating that about 22 days ago, at about 8/9 PM, he and his colleagues were travelling in a car and Page No.# 3/4 the car was stopped by another car. The other car was carrying passengers, who were the petitioners Rasul Hoque @ Rasul Hoque Bahadur and Rakib Mondol. 6. It is stated in the statement recorded under Section 164 CrPC that Rasul Hoque @ Rasul Hoque Bahadur had shown a pistol and told them to pay ₹1,00,000/- (Rupees one lakh) per month, otherwise he will kill the informant and his family. On earlier occasion, this Court granted interim bail to the petitioner Rasul Hoque @ Rasul Hoque Bahadur and Rakib Mondol. 7. Pursuant to the interim bail granted to the petitioners Rasul Hoque @ Rasul Hoque Bahadur and Rakib Mondol, they had appeared before the Investigating Officer and their statements were recorded. 8. Today, Mr. Parasar has vehemently objected to these bail applications because the petitioner Rasul Hoque @ Rasul Hoque Bahadur had shown a pistol at the informant and his colleagues. He was a former member of the Legislative Assembly. According to Mr. Parasar, if people like Rasul Hoque @ Rasul Hoque Bahadur commits such offences and if the court grants their prayer, it will send a bad message to the entire society. 9. Mr. Biswas has also objected to these bail applications on the ground that showing pistol in public by a former public servant is against the norms of the civil society. Mr. Biswas also pointed out that the petitioners had threatened the informant to kill him through some religious organizations. 10. I have given my anxious consideration to the submissions made by the learned counsel of both sides. 11. This Court is of the opinion that since both the petitioners have co-operated with the Investigating Officer, they do not deserve to be detained in custody. Therefore, the Anticipatory Bail Applications No. 561/2025 & AB No. 673/2025 filed by the petitioners Rasul Hoque @ Rasul Hoque Bahadur and Rakib Mondol are allowed. 12. The interim orders dated 08.05.2025 and 04.04.2025 passed in favour of the petitioners Rasul Hoque @ Rasul Hoque Bahadur and Rakib Mondol are hereby made absolute. Both the Anticipatory Bail Applications are disposed of accordingly. Page No.# 4/4 The CD shall be returned. JUDGE Comparing Assistant