Gauhati High Court
Page No.# 1/5 vs The State Of Assam on 11 December, 2020
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/5
GAHC010164912020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3297/2020
ANOWAR ALI AND 9 ORS
S/O. LT. SIKDDIK ALI, R/O. VILL. KAIMBHASANI PT. I, P.O. AMCO ROAD,
P.S. DHUBRI, DIST. DHUBRI, ASSAM.
2: SHOHER ALI
S/O. KASHEM ALI
R/O. VILL. KAIMBHASANI PT. I
P.O. AMCO ROAD
P.S. DHUBRI
DIST. DHUBRI
ASSAM.
3: AFTAP ALI @ AFTOB SK.
S/O. KHOKA SK.
R/O. VILL. KAIMBHASANI PT. I
P.O. AMCO ROAD
P.S. DHUBRI
DIST. DHUBRI
ASSAM.
4: MOZIBAR RAHMAN
S/O. AYNAL HOQUE
R/O. VILL. KAIMBHASANI PT. I
P.O. AMCO ROAD
P.S. DHUBRI
DIST. DHUBRI
ASSAM.
Page No.# 2/5
5: NAWSHAD ALI
S/O. JOYNAL SK.
R/O. VILL. KAIMBHASANI PT. I
P.O. AMCO ROAD
P.S. DHUBRI
DIST. DHUBRI
ASSAM.
6: AMINUR ISLAM
S/O. SUMAR ALI
R/O. VILL. KAIMBHASANI PT. I
P.O. AMCO ROAD
P.S. DHUBRI
DIST. DHUBRI
ASSAM.
7: FUNSAR ALI
S/O. SAIBUDDIN
R/O. VILL. KAIMBHASANI PT. I
P.O. AMCO ROAD
P.S. DHUBRI
DIST. DHUBRI
ASSAM.
8: SHAHABUL HOQUE
S/O. POCHARU
R/O. VILL. KAIMBHASANI PT. I
P.O. AMCO ROAD
P.S. DHUBRI
DIST. DHUBRI
ASSAM.
9: NAZRUL HOQUE
S/O. NAWSHAD ALI
R/O. VILL. KAIMBHASANI PT. I
P.O. AMCO ROAD
P.S. DHUBRI
DIST. DHUBRI
ASSAM.
10: NUR ALAM
S/O. ABDUL GOFUR
R/O. VILL. KAIMBHASANI PT. I
Page No.# 3/5
P.O. AMCO ROAD
P.S. DHUBRI
DIST. DHUBRI
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. S S S RAHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 11-12-2020 Heard Mr. SSS Rahman, learned counsel for the petitionerd. Also heard Mrs. A Begum, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the petitioners, namely, 1. Anowar Ali, 2. Shoher Ali, 3. Aftap Ali @ Aftob Sk., 4. Mozibar Rahman, 5. Nawshad Ali, 6. Aminur Islam, 7. Funsar Ali, 8. Shahabul Hoque, 9. Nazrul Hoque and 10. Nur Alam, in connection with Dhubri P.S. Case No. 1401/2020 registered under Sections 143/147/148/447/341/326/302 of the IPC.
Perused the case diary produced before this Court.
The allegation against the petitioners is that they assaulted the injured persons as well as the deceased with sharp weapons, like spear as well as with lathis, etc. causing injuries to their persons. One of the injured Abu Motaleb was hospitalized at the Dhubri Civil Hospital due to the injuries sustained by him although he succumbed to his injuries while undergoing Page No.# 4/5 treatment. The statements of the injured witnesses, as available in the case diary, have specifically implicated all the petitioners to have committed the offence of causing injuries upon them and also upon the deceased.
The learned counsel for the petitioner, Mr. SSS Rahman has submitted that the petitioner No. 5 has also sustained injuries in the mutual fight between the parties and he was also hospitalized. The medical papers produced before this Court today by the learned counsel for the petitioner show that the petitioner No. 5 was admitted in the hospital on 03.10.2020 and was also released on the same day. But, the fact remains that some ailments have been detected in him for which he might be required further treatment. He has also done several tests to ascertain his ailments and papers to that effect have been produced before this Court.
That being so, inspite of the fact that there are materials against all the petitioners, the petitioner No. 5, Nawshad Ali is granted the privilege of pre-arrest bail on medical ground.
The petitioner No. 5. shall appear before the Investigating Police Officer within 7 (seven) days from today so as to enable the Investigating Police Officer to record his statement, and, in the event of his arrest, he shall be released on furnishing a bail bond of Rs. 20,000/- with a suitable surety of the like amount to the satisfaction of the arresting authority, on the conditions:-
1. The petitioner No. 5 shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge,
2. The petitioner No. 5 shall not hamper with the investigation, or tamper with the evidence of the case, and
3. The petitioner No. 5 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 to the Court or to any police officer.
So far the petitioner Nos. 1, 2, 3, 4, 6, 7, 8, 9 and 10 are concerned, this Court is Page No.# 5/5 not inclined to grant the privilege of pre-arrest bail to them. Accordingly, their prayer stands rejected.
Return the case diary.
The petition stands disposed of accordingly.
JUDGE Comparing Assistant