SAIFUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A. Ahmed, learned counsel for the accused-petitioners and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State of Assam.

(2.) By this application under Sec. 439, Code of Criminal Procedure, 1973 [CrPC], the accused-petitioners viz. [1] Saiful Islam, [2] Injamamul Khan @ Injamul Khan, [3] Badshah Fakir, and [4] Faridul Islam have prayed for their release on bail in connection with Sessions Case no. 160/2022, presently pending before the Court of learned Additional Sessions Judge [FTC], Barpeta, Assam ['the trial court', for short]. The case, Sessions Case no. 160/2022 has arisen out of Tarabari Police Station Case no. 34/2022, which was registered for offences under Ss. 120B/325/385/302, Indian Penal Code [IPC].

(3.) The First Information Report [FIR] in connection with Tarabari Police Station Case no. 34/2022 was lodged by one Faizur Rahman [the informant] on 174.2022 wherein he named 8 [eight] persons including the present four accused-petitioners, as accused. The informant stated that his cousin brother, Rubul Hoque Choudhury [the deceased] and one Ramela Khatun were having a love affair. At around 12/12-30 noon on 16/4/2022, the two of them were at the bank of the river Brahmaputra near Bandali Reserve Forest. As they were conversing, the accused persons arrived the place and by apprehending both of them, the accused persons physically assaulted them. The accused persons thereafter, sent the girl back to her house but kept Rubul Hoque Choudhury with them on the pretext of holding Bichar. They had demanded money from Rubul Hoque Choudhury and when he could not pay the demanded amount, Rubul Hoque Choudhury was assaulted to death and his dead body was thrown in the river Brahmaputra. The informant stated to have come to learn about the incident from Ramela Khatun. The informant had mentioned that apart from the named accused persons, other accused persons were also involved.