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2020 DIGILAW 464 (GAU)

Tomser Ali v. State Of Assam

2020-05-06

M.R.PATHAK

body2020
JUDGMENT 1. Heard Mr. B Chowdhury, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. This application under Section 439 Cr.P.C. has been filed by the petitioners, namely, (1) Tomser Ali and (2) Jiarul Hoque, seeking bail in connection with Chhaygaon Police Station Case No. 207/2020 registered under Sections 143/147/148/447/325/302 IPC corresponding to G.R. Case No. 369(K)/2020, wherein they were arrested on 03.03.2020 and since then they are in custody. 3. As per the FIR of the case, the present two accused petitioners along with 14 (fourteen) named accused persons and 10 (ten) to 15 (fifteen) others illegally entered the land that belongs to the father of the informant around 08:00 in the morning on 01.03.2020, while they were planting rice paddy saplings armed with dao, stick etc. and attacked his family members namely, Ainul Hoque, Saniara Khatun, Jahiruddin, Rupchand Ali, Sukur Ali and Hanif Ali and killed his uncle Ainal Hoque. 4. The informant lodged the said FIR before the Jorshimuli Outpost under Chhaygaon Police Station of Kamrup district on 01.03.2020 itself. The petitioners' side also lodged an FIR against the informant of Chhaygaon P.S. Case No. 207/2020 and 9 others alleging that the informant and other accused persons led by Ainul Hoque entered their paddy land forcefully on 01.03.2020 around 08:00 in the morning and assaulted the petitioners and two others, which has been registered as Chhaygaon P.S. Case No. 213/2020 under sections 147/148/149/325/326/307 IPC. 5. Perused both the case diaries pertaining to Chhaygaon P.S. Case No. 207/2020 as well as Chhaygaon P.S. Case No. 213/2020. 6. From the case diaries, it is seen that Anser Ali, resident of Mazartop of Goroimari, Late father of the petitioner, Tomser Ali, purchased the land involved in the case situated at Village-Bhautiya Bhita, Mouza-Goroimari under Chhaygaon Police Station of Kamrup district by registered sale deed on 30.04.1984. 7. Pursuant to the orders of the concerned Circle Officers, name of said Anser Ali and his wife were recorded in the relevant land records with regard to the said land. As per the report of police, on the date of the incident, the deceased Ainul Hoque with his son and others forcefully entered the said land of Anser Ali to cultivate the same to which the petitioners and others present in the land objected to such action of said Anser Ali and his group. As per the report of police, on the date of the incident, the deceased Ainul Hoque with his son and others forcefully entered the said land of Anser Ali to cultivate the same to which the petitioners and others present in the land objected to such action of said Anser Ali and his group. During the same, fight took place between both the parties. Two of the persons, Jangser Ali and Umar Ali reported the matter before the Jorshimuli Outpost around 08:30 AM on the date of the incident regarding forceful entry of Ainul Hoque and his group on their land. The same report was accordingly registered as G.D. Entry No. 02/2020 dated 01.03.2020 in the Jorshimuli Outpost. 8. From the case diary, it is also seen that because of the land dispute between both the parties, free fight took place between them for that incident on 01.03.2020 in which members of both the parties sustained injuries, some of them sustained grievious injuries, whereas some are simple in nature. All the injured persons were taken to the Goroimari Community Health Center for their treatment and the injured Ainul Hoque was declared dead in that Health Center. Police on visiting the place of occurrence recovered 6/7 sticks from it. 9. The petitioner Nos. 1 and 2, who were also injured in the said incident were referred to the Guwahati Medical College & Hospital by the doctor at Goroimari CHC on 01.03.2020. 10. After hearing the learned counsels for the parties and considering the period of detention of the petitioners, namely, (1) Tomser Ali and (2) Jiarul Hoque in custody since 03.03.2020, the Court is of the view that their further custodial detention is not warranted to investigate the said Chhaygaon P.S. Case No. 207/2020. As such, this bail application of the petitioners is accepted. 11. As such, this bail application of the petitioners is accepted. 11. Accordingly, the petitioners, namely, (1) Tomser Ali and (2) Jiarul Hoque, be released on bail in said Chhaygaon P.S. Case No. 207/2020 on furnishing a bail bond of Rs.30,000/- each, with 2 (two) local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon on conditions that the petitioners (i) shall appear before the Investigating Officer of said Chhaygaon P.S. Case No. 207/2020 as and when they are required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of the Chhaygaon Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer, failing which, the bail granted to them in the aforesaid Chhaygaon Police Station case shall stand automatically vacated. 12. Bail application accordingly stands allowed.