Gauhati High Court
Khabiruddin Ahmed @ Khabir Ali vs The State Of Assam on 13 August, 2020
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/6
GAHC010082132020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1191/2020
1:KHABIRUDDIN AHMED @ KHABIR ALI
S/O- TAIJUDDIN AHMED, R/O- MOKHONIA, PS-HAJO, DIST- KAMRUP,
ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY PP ASSAM
Advocate for the Petitioner : MR. R SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 13-08-2020 Heard Mr. Rajib Sharma, learned counsel for the petitioner. Also heard Mr. Partha Protim Baruah, learned Public Prosecutor, Assam assisted by Mr. Nava Kumar Kalita, learned Additional Public Prosecutor, Assam for the State.
By this application filed under Section 439 CrPC, the petitioner, namely, Khabiruddin Ahmed @ Khabir Ali is seeking bail in Hajo Police Station Case No. 480/2020 registered under Sections 120B/302 IPC, corresponding to G.R. Case No. 601/2020, wherein he was arrested on 28.05.2020 and since then he is in custody.
The petitioner herein is an FIR named accused. As per the FIR of the case lodged by the father of the victim on 23.05.2020 before the Hajo Police Station is that on 22.05.2020 around 12:00/12:30 pm while his son Sanatan Deka, selling vegetables in a bicycle, was Page No.# 2/6 returning home through Baramboi, the petitioner and another, namely, Jalil Ali, who were coming from the opposite direction, i.e., from the Baramboi side, riding a motor cycle came in front of his bicycle. This act was protested by his son and an altercation took place between them. Then Faijul Haque @ Dali, Firjahan Ali and Yusuf Ali with others came to the place of occurrence being called over phone by said Jalil Ali and the petitioner and all of them assaulted the informant's son indiscriminately. Because of such assault, his son sustained injuries, blood oozed out from his ear, mouth and nose and fearing it his said son made hue and cry and laid unconscious. The informant stated that some unknown persons brought his son to the Hospital at Hajo by 108 Ambulance. As his condition became serious, the authorities of Hajo Hospital referred him to GMCH, but finding his state very grave, he was admitted at GNRC, North Guwahati in a serious condition, wherein he was immediately admitted in the ICU. The informant stated that when his said son was in the ICU, he expired on 23.05.2020. By the said FIR, the informant requested the police authority of Hajo Police Station to investigate the matter, arrest the accused persons of the case and to punish them. Accordingly, said Hajo P.S. Case No. 480/2020, was registered.
The petitioner contended that he is an Assistant Teacher of Baramboi High Madrassa School and on the date of the incident he along with his colleague Jalil Ali, another Assistant Teacher of said Madrassa, also an FIR named accused, were proceeding towards State Bank of India, Dadara Branch in connection with the matter of their salary, riding the motorcycle of said Abdul Jalil and when they reached Monahkuchi area under Hajo Police Station, around 12:00/12:30 pm the victim in his bicycle suddenly came in the way of their motorcycle, due to which the rider of the bike Abdul Jalil applied break of the bike and both of them, said rider Abdul Jalil and the petitioner, who was the pillion rider of the bike, fell down on the road and they sustained injuries on their persons. As both of them are above 50/55 years, being helpless informed their family members of the adjacent village over phone and by the time many people gathered in the place of occurrence and one of them slapped the victim, due to which he fell down on the road and sustained injuries on his head and on the next day of the incident, the said victim succumbed to his injuries at GNRC (North Guwahati). It is stated by the petitioner that he is no way connected with the case in assaulting the victim or injuring him, but police on 28.05.2020 arrested him in the case and since then he is in custody. It is also submitted by the petitioner that all the allegations lodged against him are false and Page No.# 3/6 fabricated and that he is not involved in the alleged crime and his bail should be considered by the Court.
Mr. Baruah, learned Public Prosecutor, appearing for the State submitted that the case diary contains sufficient incriminating materials against the petitioner with regard to his involvement in the alleged crime. He also stated that during the investigation as well as in the Test Identification Parade, the witnesses have identified the accused persons of the case including the petitioner. Mr. Baruah also submitted that close associates of the petitioner and other accused persons of the case have threatened the witnesses of the case of dire consequences for which Hajo Police Station Case No. 480/2020 under Sections 294/506/34 IPC has been registered. Mr. Baruah stated that a Special Investigation Team has been constituted to investigate the said Hajo P. S. Case No. 480/2020.
Mr. Baruah, learned Public Prosecutor, further submitted that wife of the deceased on 10.08.2020 lodged an FIR before Hajo Police Station alleging that she has been threatened of dire consequences by some unknown miscreants threatening her that on releasing of the accused persons of the case on bail, all the witnesses of the incident relating to the death of the deceased of the case Sanatan Deka shall be killed and even police will not be able to save them. Mr. Baruah stated that said FIR has been registered as Hajo Police Station Case No. 797/2020 under Sections 336/506/507 IPC. Mr. Baruah has placed the case diaries of Hajo P. S. Case No. 480/2020 relating to the present bail application as well as that of Hajo P. S. Case No. 797/2020. Mr. Baruah, learned Public Prosecutor objected the bail of the petitioner and prayed for rejection of his bail stating that he is involved in the alleged crime.
Perused the case diary of Hajo P.S. Case No. 480/2020; post mortem report of the deceased Sanatan Deka, dated 24.05.2020, issued by the authorities of Department of Forensic Medicine, Gauhati Medical College and Hospital, Guwahati; the statements of the witnesses recorded by the Investigating Officer of the case, recorded under Section 161 CrPC, as well as the statements of the witnesses recorded by the learned Judicial Magistrate First Class, Hajo, recorded under Section 164 CrPC on 26 th and 27th of May 2020. Considered the decision of the Hon'ble Supreme Court in the case of Anil Kumar Yadav -Vs- State (NCT) of Delhi, reported in (2018) 12 SCC 129, relied by the learned Public Prosecutor Mr. P. P. Baruah.
Post Mortem report of the deceased Sanatan Deka reveals that the cause of his Page No.# 4/6 death was due to coma as a result of injuries sustained over his head and all the injuries were antemortem in nature caused by blunt force impact. Said Post Mortem Report also reveals that there were contusions on the left side of the scalp as well as the left temporails muscle of the deceased and a linear fracture on the left temporal bone of his skull vertically of length of 4 cms. On his membrane subdural and subarachnoid haemrorrhages were found present over both the cerebral hemispheres.
Case diary reveals that the petitioner along with Abdul Jalil while riding a motorcycle met with a road traffic accident with the victim Sanatan Deka, who was riding his bicycle. The petitioner, who was the pillion rider of the said motorcycle and its rider Abdul Jalil in that accident, fell down on the road with the motorcycle on them and both of them sustained injuries on their persons. Case diary reveals that the rider of the motorcycle Abdul Jalil somehow managed to get up but the petitioner remained on the road under the bike and few public gathered at the place of occurrence jointly lifted the bike and then the petitioner. People residing near the place of occurrence poured water on the petitioner and the other rider Abdul Jalil. The witnesses present at the site at the time of the incident stated that one Md. Mohsan Ali reached the place of occurrence with Maruti Alto vehicle bearing registration No. AS-01-DP-8379 with two passengers Md. Sahabuddin Ahmed and his son Md. Saidul Islam while proceeding towards Hajo and the public gathered at the site stopped the said vehicle and put both the riders of the motorcycle, the petitioner and said Abdul Jalil in that Maruti Alto Car so as to drop them in the hospital at Hajo for their medical treatment. After the departure of the petitioner and said Abdul Jalil in the Maruti Alto Car, one Yusuf who reached the place of occurrence after the said accident, by his mobile phone called one person and then a person, named Dali reached the place of occurrence. Said Yusuf pointed out Sanatan Deka who was still standing in the place of occurrence and immediately said Dali and Yusuf started assaulting said Sanatan Deka. Though public present at the site objected to such assault on Sanatan Deka stating that it is the fault of the riders of the motorcycle who caused the accident, but no heed was given to such request of the public and said Dali and Yusuf assaulted said Sanatan Deka, who sustained injuries, fell down on the road and could not get up. Public present at the site lifted said Sanatan Deka, poured water on him and in the meanwhile, said Dali fled away from the scene with his scooter towards Damdama. Said Yusuf also tried to flee from the scene by his motorbike, but the public present at the site did Page No.# 5/6 not allow him to go. 108 Ambulance was called for by the public to take away the said victim Sanatan Deka to the hospital at Hajo but as it did not reach early, said Sanatan Deka was put in the Maruti Alto car of one Md. Ruhul Ali Ahmed @ Pirjahan Ali bearing registration No. AS- 01-DK-1629 who reached the place of occurrence after hearing that Abdul Jalil and the petitioner met with an accident in their motorcycle. Said Ruhul Ali took the victim Sanatan Deka in his Alto car towards Hajo, followed by said Yusuf in his motorcycle and while proceeding towards Hajo, said Ruhul Ali found 108 Ambulance on the road coming towards the place of occurrence, shifted the victim in that Ambulance and proceeded on his own way. The said Ambulance brought the victim Sanatan Deka to the hospital at Hajo wherein he was initially admitted. The concerned Investigating Officer of the case already recorded the statements of the driver of the said 108 Ambulance and its helper.
From the perusal of the case diary of Hajo P.S. Case No. 797/2020, no such incriminating materials have been found against the petitioner with regard to his involvement in the alleged crime of the said case.
After hearing the learned counsels for the parties and considering the entire materials in the case diary as well as the detention of the petitioner in custody since 28.05.2020, the Court is of the view that his further custodial detention is not warranted in said Hajo P.S. Case No. 480/2020 for its investigation. As such, this bail application of the petitioner is accepted.
Accordingly, the petitioner, namely, Khabiruddin Ahmed @ Khabir Ali, be released on bail in said Hajo P.S. Case No. 480/2020 on furnishing a bail bond of Rs.30,000/- with 2 (two) local sureties of the like amount to the satisfaction of the learned Sessions Judge, Kamrup, Amingaon on conditions that the petitioner - (i) shall execute and indemnity bond before the learned Sessions Judge, Kamrup, Amingaon stating that he shall appear before the Court during the trial of the said Hajo P.S. Case No. 480/2020 and shall make himself available in the Court as and when he is required in the case and that he shall also make himself available before the concerned Investigating Officer of said Hajo P.S. Case No. 480/2020 as and when he is required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of Hajo Police Station without obtaining prior written permission of the concerned Investigating Officer of said Hajo P.S. Case No. 480/2020; (iii) shall not tamper with the evidence of the case and (iv) he shall not, directly or indirectly, Page No.# 6/6 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 the Court or to any police officer, failing which, the bail granted to him in the aforesaid Hajo Police Station case shall stand automatically vacated.
With the above observation and direction, this Bail application accordingly stands allowed.
Case diaries placed before the Court be returned forthwith.
JUDGE Comparing Assistant