Jagiroad P.S. case no. 315/2021

Order-sheet

Reference:- I.A. (Bail) application nos. 192/21; 193/21; 194/21; 195/21; 196/21; 197/21; 198/21; 199/21; 200/21; 201/21; 202/21; 203/21; 204/21; 205/21; 207/21; 209/21; 211/21; 214/21; 216/21; 217/21; 221/21; 225/21; 231/21; 234/21; 235/21; 236/21; 239/21; 245/2021; and 248/21.

(Arising out of Jagiroad P.S. case no. 315/2021)

Present: C. Baruah, A.J.S. Additional C.J.M., .

10.06.2021

The court is functioning in a restricted manner due to the Coronavirus pandemic.

Seen the scanned copies of latest bail applications vide I.A. (Bail) applications no. 245/21 and 248/21 filed today in this case under section 437 of Cr. P.C. praying for releasing the accused persons namely Sirajul Islam, Ajijul Islam,Tajamul Hoque, Safiqul Hoque, and Nabi Hussain respectively on bail showing due cause thereof. Heard Learned Counsel for the bail petitioners as well as Learned Additional Public Prosecutor by way of video conference.

By this common order, as the aforementioned 29 bail applications pertains to the same occurrence which is under investigation in this case, I intend to dispose of the said bail prayers filed for a total of 184 accused persons.

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Jagiroad P.S. case no. 315/2021

The bail petitioners are duly represented by their respective learned counsels. Learned Additional Public Prosecutor is present on behalf of the State of .

I have already heard both the parties at length on previous fixed dates by way of video-conferencing facility.

Learned counsels for the bail petitioners have submitted in unison that the accused may be granted bail given their length of detention in judicial custody undergone to date. They have also highlighted that the current outbreak of the Covid pandemic might jeopardize the health of the accused if they are continued to be detained in judicial custody. Further, it has been also submitted that if the accused are at all enlarged on bail, the Court may be pleased to release them on their personal recognizance bonds and that sureties may not be insisted upon to avoid overcrowding in the Court premises.

Learned Additional Public Prosecutor has strongly opposed the bail prayers, and submitted that the Court may reject the said prayers at this stage of investigation.

The case diary, as called for, was received from the investigating officer on 07.06.2021. It is found with the case record. Perused the same at length along with the case record. The case diary is found to be last updated by the investigating officer on 29.05.2021.

The ejahar, in this case, has been filed by one Ms. Deepti Morang, ACS, who is, at present, the Circle Officer of Mayong Revenue Circle, and the Executive Magistrate of . Therein, it has been disclosed that on 23.05.2021 at around 10:15 AM, the accused persons had alighted from the Vivek Express at Jagiroad Railway Station, and

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Jagiroad P.S. case no. 315/2021 forcefully fled from there (as reported by the Medical Officer, Urban PHC and I/C, Jagiroad Railway Screening Centre) without undergoing the mandatory Rapid Antigen Test (RAT) at the Covid Screening Centre at Jagiroad Railway Station.

The accused persons have been booked under offenses punishable by sections 143/188/353/269/270/336 of IPC read with sections 51(a), 51(b) of the Disaster Management Act. Some of the accused are in judicial custody since 25.05.2021, while the rest of them are in judicial custody since 26.05.2021. It be mentioned that during the investigation of this case, altogether 189 accused persons were arrested by the investigating officer, forwarded to the Court, and subsequently remanded to judicial detention vide respective orders dated 25.05.2021 and 26.05.2021 passed by this Court.

A perusal of the case diary discloses that there has been no further progress in investigation of this case after the arrests and judicial detention of accused persons. Nonetheless, the investigating officer has already recorded the statements of relevant witnesses under section 161 of Cr.P.C, and evidently there are sufficient incriminating materials against the accused persons. Be that as it may, except the accusation under section 353 of IPC which is non-bailable as per law, the remaining accusations are bailable in nature. Moreover, the present position of law, as enunciated by the Hon’ble Supreme Court in a catena of judgments, is that the allowance of bail is the rule, and the refusal thereof is an exception. I am, thus, fortified by the said legal principle in the given facts and circumstances.

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Jagiroad P.S. case no. 315/2021

Considering the respective submissions for both the sides along with the above discussions, the nature of accusations, and the substantial period of a fortnight’s detention in judicial custody already undergone by the accused persons, I am now of the considered opinion that further custodial investigation of accused persons is not necessary. Moreover, there is nothing in the case diary to suggest that the accused persons are hardened criminals. Some of them are residents of this Morigaon District. Whereas, the rest are residents of contiguous Nagaon District. As such, I am of the view that they are not likely to abscond if released on their own respective personal bonds. In this regard, I have been bolstered by the ruling of our Hon’ble Supreme Court in Hussainara vs. Home Secretary, reported in AIR 1979 SC 1360.

It be mentioned that vide I.A. (Bail) Application No. 198/2021 it was claimed by the concerned bail petitioner one Md. Mubarak Ali that vide serial No. 19 in the said bail application, one Sufia Khatun, Age 27 years , D/o Lt. Abdus Choban, resident of village Kolia Dingia under Juria P.S. Distict- Nagaon, Assam was allegedly arrested and forwarded to judicial custody in this case. But, on careful perusal of the remand orders dated 25.05.2021 and 26.05.2021 passed by this Court along with perusal of the case diary, it is found that no such accused Sufia Khatun was produced before this Court under arrest in this case by the investigating officer. Hence, there is no question of any such Sufia Khatun being detained in judicial custody in this case till date. As such, her bail prayer is not maintainable both in law as well as facts. Inform the Learned Counsel for the bail petitioner Mr. Moidul Hussain, Advocate accordingly.

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Jagiroad P.S. case no. 315/2021

Accordingly, the following 184 accused persons (who are named under their concerned bail applications for the sake of clarity) viz.,

1. I.A. (Bail) No. 192/2021 and 204/2021 i. Md. Ajijul Hoque, S/o Md. Ajgar Ali 2. I.A. (Bail) No. 193/2021 i. Malek Ustor, S/o Forman Ali ii. Oman Faruk , S/o Lt. Jaban Ali iii. Arfid Ali, S/o Hasmat Ali 3. I.A. (Bail) No. 194/2021 i. Shakirul Islam, S/o Abdul Khalek ii. Omar Faruk, S/o Abdul Khalek iii. Mohibur Rahman, S/o Idrish Ali 4. I.A. (Bail) No. 195/2021 and 199/2021 i. Md. Saddam Hussain, S/o Md. Abdul Salam ii. Md. Shajid Ali, S/o Md. Abdul Salam iii. Md. Ashadul Jaman , S/o Md. Chorhab Ali 5. I.A. (Bail) No. 196/2021 i. Samir Uddin, S/o Abdul Rejak ii. Sariful Islam, S/o Rashid Ali iii. Sadikul Islam , S/o Atab Uddin iv. Md. Yearuddin, S/o Lt. Zalaluddin v. Sahadul Islam, S/o Amzad Ali vi. Sahid Ali, S/o Lt. Hafij Uddin vii. Md. Taznoor Ali @ Tajmul Ali, S/o Kashem Ali viii. Ibrahim Ali, S/o Sarifuddin ix. Mohabbul Islam, S/o Mannas Ali x. Mofiz Uddin, S/o Sohid Ullah xi. Mofij Uddin @ Mogiruddin, S/o Ajijul Hoque xii. Khaja Alam, S/o Ismail Uddin @ Ismail xiii. Abu Hanif, S/o Ramjan Ali xiv. Mazibur Rahman, S/o Azizul Hoque xv. Sahat Jamal , S/o Akkas Ali xvi. Abdul Mazid, S/o Azizul Hoque

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Jagiroad P.S. case no. 315/2021

xvii. Shajahan, S/o Samsul Hoque 6. I.A. (Bail) No. 197/2021 i. Lakhiram Chauhan, S/o Utpal Chauhan

7. I.A. (Bail) No. 198/2021 i. Ansarul Hoque, S/o Kasum Ali ii. Intazul Hoque, S/o Jalal Uddin iii. Muskan Alom, S/o Shahldur Rahman iv. Anarul Hoque, S/o Kasum Ali v. Shahjahan Ali, S/o Abdul Rashi Miya vi. Faruk Hussain, S/o Jakir Hussain vii. Ishadul Hoque, S/o Lt. Taful Uddin viii. Ishadul Islam , S/o Idrish Ali ix. Inamul Hoque, S/o Nur Ali x. Saddam Hussain, S/o Nur Ali xi. Abdul Rahim, S/o Sahir Uddin xii. Nur Jamal, S/o Iddrish Ali xiii. Mukshidul Hoque, S/o Abdul Rashid xiv. Mojibur Rahman, S/o Arfan Ali xv. Arfid Ali, S/o Hasmot Ali xvi. Umar Faruk, S/o Juban Ali xvii. Ostar Ali, S/o Forman Ali xviii. Najrul Islam, S/o Lt Abdus Choban xix. Ancharul Hoque, S/o Lt Intaz Ali xx. Mofidul Islam, S/o Lt. Jalal Uddin xxi. Saiful Islam, S/o Abdul Jabbar xxii. Muklessor Rahman, S/o Akbar Ali xxiii. Abu Bakkar Siddique, S/o Abdul Falan xxiv. Malakustor, S/o Farman Ali xxv. Shekul Islam, S/o Abul Kalam xxvi. Julfikar Ali, S/o Makbul Hussain xxvii. Saddam Hussain, S/o Mainuddin xxviii. Gias Uddin, S/o Lt. Kalim Uddin xxix. Shoriful Islam, S/o Gias Uddin xxx. Habizul Islam, S/o Asiaya Khatun xxxi. Motibur Rahman, S/o Mohor Ali

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Jagiroad P.S. case no. 315/2021

xxxii. Khushed Ali, S/o Abdil Khalek 8. I.A. (Bail) No. 200/2021 i. Mahmidul Hasan, S/o Abdul Hoque 9. I.A. (Bail) No. 201/2021 i. Ikramul Hoque, S/o Alal Uddin 10. I.A. (Bail) No. 202/2021 i. Anwar Hussain @ Anar Hussain, S/o Abdul Jalil ii. Gias Uddin, S/o Fakar Uddin iii. Jamir Ali, S/o Adam Ali iv. Guljar Hussain, S/o Abdul Mojit v. Naim Uddin @ Najim Uddin, S/o Montaj Ali vi. Mustufa Ali, S/o Jahed Ali vii. Mukshidul Islam, S/o Nurul Uddin viii. Arif Ahmed, S/o Lal Miya ix. Sahidul Islam, S/o Lt. Abdul Gafur x. Ajibur Rahman, S/o Sarfat Ali xi. Jahangir Ali, S/o Nijam Uddin xii. Sultan Ahmed, S/o Innas Ali xiii. Rustam Ali, S/o Abdul Khalek xiv. Shakir Ali, S/o Hanif Ali xv. Hanif Ali, S/o Ainuddin xvi. Rejakul Islam, S/o Siddik Ali xvii. Abbas Ali, S/o Sadir Ali xviii. Ajkar Ali @ Askar, S/o Sadir Ali xix. Sahidul Islam, S/o Abdul Khalek xx. Saddam Huddain, S/o Abdul Khalek xxi. Babar Ali, S/o Abdul Kadir xxii. Oli Ullah , S/o Raj Ali xxiii. Imamul Ali, S/o Surhab Ali xxiv. Jainal Ali, S/o Nur Islam xxv. Rafikul Islam, S/o Hanif Ali xxvi. Sarif Uddin, S/o Kamar Uddin xxvii. Rashidul Hoque, S/o Sahab Uddin xxviii. Wasim Akram @ Akram , S/o Kasim Uddin xxix. Sahidul Islam, S/o Amir Uddin xxx. Ribul Alam, S/o Abdul Mutaleb

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Jagiroad P.S. case no. 315/2021

xxxi. Mehdi Alam, S/o Abdul Rahman xxxii. Mijul Islam, S/o Mafij Uddin xxxiii. Ramjan Ali, S/o Nurul Islam xxxiv. Zakaria Alam, S/o Amrajul Hoque xxxv. Mahimullah, S/o Amrajul Hoque xxxvi. Saidur Rahman, S/o Habikul Islam xxxvii. Saddam Hussain, S/o Subed Ali xxxviii. Sabikul Islam, S/o Habibur Rahman xxxix. Ibadul Islam, S/o Sahidul Islam xl. Saidur Rahman, S/o Habikul Islam xli. Ohidul Islam, S/o Saiful Islam xlii. Mofidul Islam , S/o Haiful Islam xliii. Rashidul Hoque, S/o Sukur Ali xliv. Abu Sayed, S/o Lt. Sirajul Islam xlv. Ikramul Hoque, S/o Lt. Sirajul Islam 11. I.A. (Bail) No. 203/2021 i. Nur Uddin, S/o Lt. Sangsher Ali ii. Abdul Kalam, S/o Abdul Rejjak iii. Abdul Rahim, S/o Faizur Rahman iv. Anuwar Hussain, S/o Giyas Uddin 12. I.A. (Bail) No. 205/2021 and 207/2021 i. Abdul Nabi, S/o Lt. Asar Ali ii. Rashidul Islam, S/o Sultan Ali iii. Irshad Ullah, S/o Hasen Ali iv. Ramjan Ali, S/o Abdul Khalek v. Abdul Rafik, S/o Isab Ali vi. Safikul Islam, S/o Isab Ali vii. Anuwar Hussain, S/o Gias Uddin viii. Tafajul Islam, S/o Idrish Ali ix. Gajibur Rahman, S/o Ijjat Ali x. Mujahidul Hoque, S/o Hamed Ali xi. Alam Shekh, S/o Makaram Ali xii. Manar Uddin, S/o Aijul Hoque xiii. Emradul Ali, S/o Abdul Hasim xiv. Muktadul Ali, S/o Abdul Hasim xv. Sukur Ali, S/o Raja Ali

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Jagiroad P.S. case no. 315/2021

xvi. Afaj Uddin, S/o Nur Mahammad Ali xvii. Sariful Islam, S/o Amsar Ali xviii. Amir Hussain, S/o Lt Abdul Rahman

13. I.A. (Bail) No. 209/2021 i. Merajul Islam, S/o Abdul Ajit ii. Ibadul Islam, S/o Mukshed Ali iii. Dildar Hussain, S/o Abdul Hakim 14. I.A. (Bail) No. 211/2021 i. Ijajul Hoque, S/o Lt. Miraj Ali ii. Md. Jabed Ali, S/o Akbar Ali iii. Muktar Ali, S/o Samsuddin iv. Abdullah, S/o Sahur Uddin v. Samadul Islam, S/o Khajal Uddin 15. I.A. (Bail) No. 214/2021 i. Jiarul Islam, S/o Suruj Ali 16. I.A. (Bail) No. 216/2021 i. Dildar Hussain, S/o Atab Hussain ii. Foridul Hoque, S/o majit Ali iii. Muklshidul Hoque, So/ Majit Ali iv. Rafiqul Islam, S/o Habikul Islam v. Samar Ali, S/o Fajal Ali vi. Ribbul Hoque, S/o Abdul Kadir vii. Hobikul Islam, S/o Saher Ali viii. Tazmul Hoque, S/o Tutu Miya 17. I.A. (Bail) No. 217/2021 i. Sadikul Islam, S/o Habef Ali ii. Johirul Islam, S/o Habef Ali iii. Mainul Hoque, S/o Lt. Aktar Ali iv. Najirul Islam, S/o Rashid Ali v. Mohidul Islam, S/o Siddique Ali vi. Safiruddin, S/o Anser Ali vii. Md. Edabul Hussain, S/o Muksad Ali viii. Md. Dildar Hussain, S/o Abdul Hekim ix. Rasidul Islam, S/o Mohijul Ali x. Rajbul Ali, S/o Jafar Ali

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Jagiroad P.S. case no. 315/2021

xi. Sohal Ansari, S/o Khairul Islam xii. Inamul Islam, S/o Sofikul Islam 18. I.A. (Bail) No. 221/2021 i. Jamaluddin, S/o Lt. Tahiruddin 19. I.A. (Bail) No. 225/2021 i. Jamaluddin, S/o, Jaynal Abdin ii. Habibur Rahman, S/o Abdul Hasen iii. Tajaful Islam, S/o Amsor Ali iv. Karijul Islam, S/o Lt. Nijamuddin v. Baharuddin, S/o Kuddush Ali vi. Monoruddin, S/o Lt. Abdul Hekim vii. Akkash Ali, S/o Akbar Ali 20. I.A. (Bail) No. 231/2021 i. Abu Sahid, S/o Abdul Rashid ii. Abu Sarif, S/o Abdul Rashid iii. Muklesur Rahman, S/o Lt. Ahmed Ali iv. Mazibur Rahman, S/o Samsul Hoque v. Jakaria Alom, S/o Giyaluddin @ Giyasuddin. 21. I.A. (Bail) No. 234/2021 i. Atikul Islam, S/o Mofizuddin ii. Ashadul Islam, S/o Mofizuddin 22. I.A. (Bail) No. 235/2021 and 236/2021 i. Nurul Hoque , S/o Abdul Hekim ii. Saddam Hussain, S/o Nasir Uddin iii. Mojibur Rahman, S/o Samsul Hoque iv. Najimul Islam, S/o Aijul Hoque 23. I. .A. (Bail) No. 239/2021 i. Najirul Islam, S/o Abu Sahid ii. Ajaharul Islam, S/o Abu Sahid,

24. I. .A. (Bail) No. 245/2021 i. Sirajul Islam, S/o Lt. Intaz Ali ii. Ajijul Islam, S/o Jubed Ali iii. Tajamul Hoque, S/o Juber Ali 25. I. .A. (Bail) No. 248/2021

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Jagiroad P.S. case no. 315/2021

i. Safiqul Hoque, S/o Lt. Samsul Hoque ii. Nabi Hussain, S/o Samir Ali,

are to be released on bail on execution by them of a personal recognizance bond of Rs. 10,000/- (Rupees ten thousand only) each, without any surety, in default of which they shall remain in judicial custody as before.

It is directed that the accused persons shall not commit an offence similar to the one of which they are accused or suspected of the commission of which they are suspected. Further, the accused persons 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 or her from disclosing such facts to the court or to any police officer or tamper with the evidence.

This Court is also cognizant, on the basis of perusal of case record, of the fact that around 57 accused persons out of total 189 accused persons had tested positive for COVID-19 disease whilst in judicial custody.

Hence, it is hereby clarified that the release of aforementioned 184 accused persons from judicial custody, on acceptance of their executed bonds by the Court, will be further subjected to the strict adherence of the various COVID-19 protocols/standard operating procedures as issued by the State Government from time to time. In other words, each of the aforesaid accused persons shall have to be tested and found negative for COVID-19 virus at the time of their release from judicial custody. This is in consonance with the resolutions

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Jagiroad P.S. case no. 315/2021 of the meeting dated 16.05.2021 of the High Powered Committee formed by the Government of Assam in compliance of the guidelines of Ho’nble Supreme Court of given in Suo Motu Writ Petition ( C ) no. 1/2020 (Order dated 23.03.2020) in Re: Contagion of the Covid-19 Virus in Prison.

As the result, all the bail prayers stands allowed.

Accordingly, all the pending bail applications stands disposed of.

Let copies of this order be forwarded to the District Magistrate, Morigaon, and Superintendent of Police, Morigaon respectively for their information and necessary action(s).

Also, the Superintendent, District Jail, Morigaon be informed with a copy of this order for his necessary action.

A true copy of this order (free of cost) be given to each of the respective learned counsels of the accused/ bail petitioners under the signature of Bench Assistant/ Head Assistant for treating the same as an official certified copy.

Send back the case diary with a copy of this order to the investigating officer for his information and necessary action.

Return the case record.

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