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  1. Home/
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  3. Gauhati High Court/
  4. 2024/
  5. October

Kabir Hussain Barbhuiya vs. the State of Assam

Decided on 30 October 2024• Citation: Bail Appln./3190/2024• Gauhati High Court
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                                                                   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                                                 

                                                                   Page No.# 2/5    
                 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                                                             

                                                                   Page No.# 3/5    
                 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                             

                                                                   Page No.# 4/5    
                                       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.

                                                                   Page No.# 5/5    
             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