Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 17 January, 2023
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010260642022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3753/2022
KHABIBAR RAHMAN AND 3 ORS
S/O SHIRAJUL HAQUE
R/O VILL- BARBALU PARA,P.S. MATIA
DIST. GOALPARA, ASSAM
2: SHER MAHAMMAD
S/O BAHOL SHEKH
R/O VILL- BARBALU PARA
P.S. MATIA
DIST. GOALPARA
ASSAM
3: SAMSUL HAQUE
S/O BAHOL SHEK
R/O VILL- BARBALU PARA
P.S. MATIA
DIST. GOALPARA
ASSAM
4: MAJIR UDDIN SAK
S/O MIL BOKSH
R/O VILL- BARBALU PARA
P.S. MATIA
DIST. GOALPARA
ASSA
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR F HAQUE
Page No.# 2/3
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 17-01-2023 Heard Mr. F. Haque, learned counsel for the petitioners and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioners viz. [1] Khabibar Rahman, [2] Sher Mahammad, [3] Samsul Haque and [4] Majir Uddin Sak have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Matia Police Station Case no. 144/2022, registered for offences punishable under Sections 147/148/149/341/326/307, Indian Penal Code [IPC].
3. As per the First Information Report [FIR], the husband of the informant viz. Mazibar Rahman was assaulted by the six accused persons, named in the FIR, at around 09-30 p.m. on 08.11.2022. The informant has further alleged that after assault, the accused persons left Mazibar Rahman at the place of occurrence thinking that he was already dead. Mazibar Rahman was thereafter taken to Matia health Centre, Goalpara Civil Hospital and finally, Dispur Hospital, Guwahati for better treatment.
4. Learned Additional Public Prosecutor has produced the case diary. As per the injury report available in the case diary, the injured [Md. Mazibar Rahman] had sustained fracture in his right mandible and a head injury. As per Page No.# 3/3 the injury report, the injuries were grievous in nature and the same were caused by sharp object. The injury report of Dispur Hospital Pvt. Ltd. has suggested neurosurgery. In the course of investigation, two of the accused persons, viz. Kitab Uddin Shekh and Samsul Haque have been arrested and their statements recorded under Section 161, CrPC are available in the case diary. The statement of the victim recorded under Section 162, CrPC is also available in the case diary. In their statements, two arrested co-accused persons as well as the victim have implicated the four accused-petitioners mentioned hereinabove, who are named in the FIR, for assaulting the victim.
5. Having regard to the nature and gravity of the offence and the presence of ample incriminating materials against the petitioners, I am of the considered view that this is not a fit case to extend the benefit of pre-arrest bail under Section 438, CrPC to the petitioners. Accordingly, the prayer for pre-arrest bail of the petitioners stand rejected.
JUDGE Comparing Assistant