Page No.# 1/5
GAHC010208782024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3049/2024
NURUL HOQUE LASKAR
S/O LATE SURMAN ALI LASKAR, R/O BASBARI PART-I, P.O. BASBARI, P.S.
ALGAPUR, DIST HAILAKANDI, ASSAM, PIN 788152
VERSUS
THE STATE OF ASSAM
TO BE REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. M H RAJBARBHUIYAN, MRS R CHETRI
Advocate for the Respondent : PP, ASSAM,
Linked Case : Bail Appln./3190/2024
KABIR HUSSAIN BARBHUIYA
S/O NOOR AHMED BARBHUIYA
VILL- UJANKUPA PART-I
P.S. AND DIST. HAILAKANDI
ASSAM
VERSUS
THE STATE OF ASSAM
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TO BE REP. BY THE PP
ASSAM
------------
Advocate for : MR. A M BARBHUIYA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
Linked Case : Bail Appln./3331/2024
SARIMUL HAQUE LASKAR
S/O FAKAR UDDIN LASKAR @ FARUK UDDIN LASKAR
VILL- SIBUTTAR
P.S. AND DIST- HAILAKANDI
ASSAM
P.O.-UJANKUPA
PIN-788152
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM
------------
Advocate for : MR. R A CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
Linked Case : Bail Appln./3112/2024
KABIR AHMED LASKAR
S/O LATE RASHID ALI LASKAR
R/O VILL- BALIKANDI PART-I
P.O. BASHBARI
DIST. HAILAKANDI
ASSAM
VERSUS
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THE STATE OF ASSAM
REP BY THE PP
ASSAM
------------
Advocate for : MR. J LASKAR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
Linked Case : Bail Appln./3151/2024
ALTAF HUSSAIN LASKAR @ ALTA HUSSAIN LASKAR AND 2 ORS.
S/O LT. SUKKUR ALI LASKAR
VILL- SIBUTTAR
P.S. AND DIST- HAILAKANDI
ASSAM
2: ALHAJ HUSSAIN LASKAR
S/O LT. ABDUL LATIF LASKAR
VILL- SIBUTTAR
P.S. AND DIST- HAILAKANDI
ASSAM
3: DALIM UDDIN LASKAR
S/O LT. MOINUL HAQUE LASKAR
VILL- SIBUTTAR
P.S. AND DIST- HAILAKANDI
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM
------------
Advocate for : MR. A M BARBHUIYA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
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BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
30.10.2024
Heard Mr. M H Rajbarbhuiyan; Mr. J. Laskar; Mr. A M Barghuiyan and Mr. R A Choudhury,
learned counsels for the petitioners as well as Mr. R J Baruah, learned Additional Public
Prosecutor, Assam.
All these bail applications filed under Section 483 of the BNSS,2023 by the petitioners, who
were arrested in connection with Hailakandi P.S. Case No. 190/2024.
On 19.08.2024, a mob of 400/500 people attacked the house of the informant. They burnt the
house by pouring kerosene oil. During that incident, the house and the car of the informant
bearing registration No. AS-11K-3479 were destroyed.
The informant has named 15 [fifteen] persons as the perpetrator of the said offence.
Some of the present petitioners are named in the said FIR.
Mr. Rajbarbhuiyan has submitted that Saikul Uddin Laskar, the husband of the informant is
a murderer, who committed murder in the village and he is in police custody. According to Mr.
Rajbarbhuiyan, the villagers were angry with him and therefore, they had attacked his house.
In the Case Diary, it reveals that although some of the witnesses have implicated the
present petitioners but none of them could state the roles taken by the them in the said offence.
Mr. Rajbarbhuiyan has pointed out that the petitioners Nurul Hoque Laskar is a 60 [sixty] years
old person and he is the elected President of a Gaon Panchayat. He had gone to the place of
occurrence just to see what was happening and also he went to the Police Station to that effect.
I have considered the submissions made by the learned counsel of both sides.
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This court is of the opinion that, at this stage, the petitioners do not deserve to be
detained in custody for further period of time. Therefore, the bail application is allowed.
Accordingly, it is directed that the petitioners, namely, (1) Nurul Hoque Laskar; (2) Kabir
Ahmed Laskar; (3) Altaf Hussain Laskar @ Alta Hussain Laskar; (4) Alhaj Hussain Laskar; (5)
Dalim Uddin Laskar; (6) Kabir Hussain Barbhuiya; and (7) Sarimul Haque Laskar, who were
arrested in connection with Hailakandi P.S. Case No. 190/2024, shall be released on bail of
Rs.20,000/- each with one surety of like amount to the satisfaction of the learned Chief Judicial
Magistrate, Hailakandi.
The bail application is disposed of.
Case Diary shall be returned.
JUDGE
Comparing Assistant