Samsul Hoque @ Shamsul Hoque And 2 Ors vs State Of Assam

Ajit Borthakur, J

Hearing held through remote video conference.

Heard Mr. A. Mobaraque, learned counsel for the accused petitioners and Mr. N.J. Dutta, learned Addl. P.P. for the State respondent.

By this petition under Section 439 Cr.P.C., the accused-petitioners, namely,

i) Samsul Hoque @Shamsul Hoque ii) Hanif Ali and iii) Aynal Ho que @ Ainal Hoque have prayed for grant of bail in connection with Barpeta Road

P.S. Case No. 265/2021, under Sections 341/325/326/307/379/34 of the IPC (Corresponding to G.R. Case No. 2342/21).

The case diary, as called for, is placed before the Court.

It may be mentioned that the petitioner No. 2, namely Hanif Ali was already given the privilege of bail by this Court vide order, dated 24.05.2021.

Therefore, the bail application has become infructuous in respect of the petitioner No. 2.

Mr. N.J. Dutta, learned Addl. P.P., submits that the injury report shows that three persons sustained simple injuries caused by blunt weapons vide the

injury report. There is no direct implicating evidence against the accused petitioners subject, however, to final outcome in investigation.

In the backdrop of facts and evidence so far collected by the investigating officer, this Court finds that further detention of the accused petitioners

may not be necessary in the interest of investigation into the case.

Therefore, it is provided that the accused-petitioners No. 1 and 3, named above, shall be released on bail of Rs. 20,000/- (Rupees Twenty Thousand)

each with one surety of the like amount to the satisfaction of the learned C.J.M., Barpeta subject, of course, to the following conditions:

i) That the accused-petitioners No. 1 and 3 shall co-operate with the investigating officer as and when required;

ii) That the accused-petitioners No. 1 and 3 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.

Return the case diary.

This disposes of the bail application.