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Jagiroad PS Case No. 315/2021

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Jagiroad PS Case No. 315/2021 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., Morigaon. 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. Page 1 of 12 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 Assam. 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 Morigaon District. 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 Page 2 of 12 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. Page 3 of 12 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. Page 4 of 12 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 Page 5 of 12 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.
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