Gauhati High Court
Page No.# 1/5 vs The State Of Assam on 1 April, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/5
GAHC010157092020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3153/2020
SALIM UDDIN AND 2 ORS.
S/O- LT. ABDUL SALAM, R/O- BALIRBOND, P.S. BAZARICHERRA, DIST.-
KARIMGANJ (ASSAM)
2: ABDUL HAMID
S/O- LT. INSHAN ALI
R/O- BALIRBOND
P.S. BAZARICHERRA
DIST.- KARIMGANJ (ASSAM)
3: TAHERA BEGAM @ LUCKY BEGUM
W/O- SALIM UDDIN
R/O- BALIRBOND
P.S. BAZARICHERRA DIST.- KARIMGANJ (ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE P.P., ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 01.04.2022 Heard Mr. H. R. A. Choudhury, learned senior counsel for the petitioners. Also heard Mr. K. K. Parasar, learned Addl. Public Prosecutor for the State/respondent and Mr. K. A. Mazumdar, learned counsel for the informant.
Page No.# 2/5 By this petition filed under Section 438 Cr.P.C., the petitioners, namely, 1. Salim Uddin, 2. Abdul Hamid, 3. Tahera Begam @ Lucky Begum, have prayed for granting pre-arrest bail, apprehending arrest in connection with Bazaricherra P.S. Case No. 119/2020 registered u/s 448/307/326/506/34 of the IPC.
The case diaries, as called for, are placed before this Court.
It may be mentioned that by order, dated 16.12.2020, this Court granted the privilege of pre-arrest bail in respect of the petitioner No. 3. Also by order, dated 09.02.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner No. 1.
The FIR reveals the allegations that some money was due to the informant's husband by the petitioner No. 1. After asking the money, the petitioner No. 1 and others went to informant's house and tried to kill him by pressing his neck. When she raised hue and cry, the petitioner No. 1 left the house but after 20 minutes he returned with dao along with petitioner No. 2 and petitioner No. 3. When the sister-in-law of the informant tried to intervene, the petitioner No. 1 assaulted her with a dao on her left hand which was severed into two pieces.
The above referred interim pre-arrest bail order, dated 09.02.2021, reads as hereinbelow extracted:
"Heard Mr. H.R.A. Choudhury, learned Sr. counsel for the petitioners and Mr. B. Sharma, learned Addl. PP., Assam appearing for the State/respondent.
By this application under Section 438 Cr.P.C., the petitioners, namely 1. Salim Uddin, 2. Abdul Hamid and 3. Tahera Begum @ Lucky Begum have prayed for pre- arrest bail apprehending arrest in connection with Bazaricherra P.S. Case No. 119/2020 under Sections 448/307/326/506/34 of the IPC.
The case diary, as called for, is placed before the Court.
It may be mentioned that this Court, by order, dated 16.12.2021, granted the privilege of interim pre-arrest bail to the petitioner No. 3, subject to conditions.
Mr. H.R.A. Choudhury, learned Sr. counsel for the petitioners, submits that the petitioner No. 2 has been arrested by police and as such, the instant petition is infructuous in respect of him. Mr. Choudhury also submits that the petitioner No. 1 is the husband of the petitioner No. 3 and in the alleged incident, he (petitioner No. 1) Page No.# 3/5 was grievously injured at vital parts of the body for which he has been undergoing treatments at Silchar Medical College & Hospital. In this context, Mr. Choudhury has referred to the medical documents/ reports (Annexure-II) and the certified photograph showing his injuries (Annexure- IV). Mr. Choudhury further submits that the accused and others filed a cross FIR in connection with the same incident, which is registered as Bazaricherra P.S. Case No. 119/2020, under Sections 448/307/326/506/34 of the IPC, dated 27.09.2020v against the informant and his party. Mr. H.R.A. Choudhury, learned Sr. counsel, therefore, submits that the petitioner No. 1 may be allowed the privilege of pre-arrest bail so as to enable him to take proper medical treatment to save his life and the interim pre-arrest bail granted to the petitioner No. 3 may be made absolute.
Mr. N.J. Dutta, learned Addl. PP submits that the instant case is of very serious nature and there is abundance of incriminating material against the petitioner Samim Uddin.
The FIR reveals the allegations that some money was due to the informant's husband by the petitioner No. 1. After asking the money, the petitioner No. 1 and others went to informant's house and tried to kill him by pressing his neck. When she raised hue and cry, the petitioner No. 1 left the house but after 20 minutes he returned with dao along with petitioner No. 2 and petitioner No. 3. When the sister-in- law of the informant tried to intervene, the petitioner No. 1 assaulted her with a dao on her left hand which was severed into two pieces.
A perusal of the case diary, it is prima facie revealed that in the incident the petitioner No. 1 chopped off the lefthand of the informant's husband by sharp cutting weapon and assaulted others too. On the other hand, the petitioner No. 3, his wife, also assaulted the petitioner's husband. The statements of the witnesses have consistently implicated the petitioners.
Further, a perusal of the case diary of the cross case being Bazaricherra P.S. Case No. 120/2020 shows sufficient prima facie incriminating materials against the informant and others.
Both the above cases are registered in respect of the same incident. Having meticulously considered the pros and cons of the evidence, oral and documentary, so far collected by the investigating officer, this Court is of the opinion that in order to enable the petitioner No. 1 to take proper medical treatment for his serious injuries, he may be granted the benefit of interim pre-arrest bail only.
Accordingly, it is provided that the petitioner No. 1, named above, shall be released on interim pre-arrest bail of Rs.30,000/- (Rupees Thirty Thousand) only till 25.02.2021 with one suitable surety of like amount to the satisfaction Page No.# 4/5 of the arresting authority, subject, of course, to the following conditions:
(i) That the petitioner No. 1 shall appear before the Investigating Officer within 7 days;
(ii) That the petitioner No. 1 shall not hamper or tamper with the investigation in any manner;
(iii) That the petitioner No. 1 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 him from disclosing such facts either to the Court or to any police officer; and
(iv) That the petitioner No. 1 shall produce all his medical documents before the I.O and keep him informed about the medical treatments taken during the period.
List again on 26.02.2021.
The interim pre-arrest bail granted to the petitioner No. 3 will continue till then. Return the case diaries with direction to produce the same updated on the above date fixed."
A fresh perusal of the case diary, it is revealed from the injury reports that Hamila Begum and Jamil Uddin received lacerated injures, while Achiya Begum has got her left arm amputed and her right forearm almost detached. Fatima Begum received bone deep laceration injury.
The case diary further reveals that the petitioner along with others went to the informant's house, situated at the same locality in connection with loan money due to the informant's husband and in the midst of quarrel, the petitioner attacked the family members and caused grievous injuries as stated above. The petitioner played the role of aggressor. This is a case of serious nature and in the backdrop of facts and attending circumstances, the petitioner is not entitled to the privilege of pre-arrest bail in view of cross-case being Bazaricherra P.S. Case No. 120/2020 and on the ground of his medical treatment, for which he was granted the interim pre-arrest bail as mentioned above.
Accordingly, the pre-arrest bail application stands rejected.
Interim order, dated 09.02.2021, stands vacated.
Page No.# 5/5 Return the case diaries.
This disposes of the anticipatory bail application.
JUDGE Comparing Assistant