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Judgment
Heard Mr. RKD Choudhury, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned APP appearing for the State.
By this application under section 438 Cr.P.C., the petitioners are seeking pre-arrest bail in connection with Jogighopa P.S. Case No.107/2022 under section 506/ 353/ 323/ 341/ 427/ 34 IPC read with section 3 of PDPP Act.
Let the case diary thereof be produced on 05.08.2022.
Despite objection made by the learned APP, based on the projection made in the paragraph-3 of this application read with Annexure-II of this application, that the Model Residential School, was to be constructed at Bongaigaon, (Kacharipara) Package No.MRS-14 but the concerned contractor had come to Khoragaon Pt-I to construct the said Model Residential School, which land is being occupied by the petitioners, the Court is inclined to grant interim protection by providing that in the event of the arrest of the 13 petitioners, namely, (1) Rafiqul Islam, (2) Nazmul Hoque, (3) Jamal Uddin @ Jamal Shekh, (4) Sariful Hoque, (5) Arjina Begum, (6) Rohima Begum, (7) Soriful Hoque, (8) Molina Begum, (9) Rajib Ali @ Samir Hussain, (10) Rafia Begum, (11) Anisul Hoque @ Anisul Rahman and (12) Sajina Begum in connection with Jogighopa P.S. Case No.107/2022 under section 506/ 353/ 323/341/427/34 IPC read with section 3 of PDPP Act, they shall be released on interim bail on furnishing bail bond of Rs.15,000/- (Rupees Fifteen thousand) each with one suitable surety of like amount to the satisfaction of the arresting officer.
The bail is granted on the following conditions:
That the petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required.
That the petitioners 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 them from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses.
That the petitioners shall not obstruct the smooth progress of the investigation/trial.
That the petitioners shall not misuse their liberty in any manner.
That the petitioners shall not jump over the bail.
The petitioners shall appear before the IO within 10 (ten) days. List on 05.08.2022.