HABIZUR RAHMAN MOLLAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application u/s 438 of the Cr.P.C. praying for pre-arrest bail for the petitioners namely, Habizur Rahman Mollah @ Hafizul Mollah, Smt. Joymon Nessa and Samser Ali in connection with Gauripur P.S. Case No. 554/2021, u/s 120(B)/420/468/294/307 of IPC.

(2.) One old widow has alleged that her adopted son, daughter and son-in-law have conspired to dispose her from her own land. The widow has further alleged that these petitioners have physically subjected her cruelty.

(3.) Today, after going through the case diary, this Court finds that there is no sufficient material in the case diary against the petitioners to justify their detention in custody. This Court therefore holds that the privilege u/s 438 Cr.P.C deserves to be given to the present petitioners. Accordingly, it is hereby directed that in the event of arrest of the petitioners namely, Habizur Rahman Mollah @ Hafizul Mollah, Smt. Joymon Nessa and Samser Ali, they shall be released on bail of Rs. 10,000/- (Rupees Ten Thousands only) each with a surety of like amount each to the satisfaction of arresting authority, in connection with Gauripur Police Station Case No. 554/2021, u/s 120(B)/420/468/294/307 of IPC.