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2020 DIGILAW 473 (GAU)

Moynal Haque v. State Of Assam

2020-05-12

AJIT BORTHAKUR

body2020
JUDGMENT 1. Heard Dr. B. Ahmed, learned counsel for the petitioners and Mr. N.K. Kalita, learned Addl. PP., Assam appearing for the State/respondent. 2. By this application under Section 438 Cr.P.C., the petitioners, namely, 1. Moynal Haque, 2. Aynal Haque, 3. Smti Mariyam Khatun and 4. Smti. Rafika Khatun , have prayed for pre-arrest bail apprehending arrest in connection with Kalgachi P.S. Case No. 97/2020 (Corresponding to G.R. Case No. 964/2020) under Sections 147/148/149/326/447/307 of the IPC. 3. The case diary, as called for, is placed before the Court. 4. The F.I.R., dated 22.02.2020, filed by one Md. Abdul Kalam Azad before the Officer-in- charge of Kalgachia P.S. reveals the allegation that on that day at about 2 p.m., the petitioners trespassed into their land and assaulted his father Jamal Uddin by blunt and sharp weapons causing fracture injuries on his person and after treatment at Kalgachia Hospital, the doctor referred him to Barpeta Medical College & Hospital. 5. The injury report shows that the injured sustained multiple grievous injuries caused by blunt weapon. 6. The case diary reveals incriminating prima facie evidence against the petitioners. The incident appears to have occurred due to land dispute between the parties. 7. Therefore, it is provided that in the event of arrest each of the petitioners, named above, shall be released on interim pre-arrest bail of Rs. 30,000/- with a solvent surety of like amount to the satisfaction to the arresting authority. The pre-arrest bail shall be subject to the following conditions: (i) The petitioners shall appear before the investigating Officer within 7 (Seven) days and co-operate with the investigation. (ii) The petitioners 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 him from disclosing such facts to the Court or to any police officer; and (iii) The petitioners shall not commit any similar offence, of which they are suspected of commission.