Gauhati High Court
Asrab Ali And 7 Ors vs The State Of Assam on 21 May, 2020
Author: Ajai Lamba
Bench: Ajai Lamba
Page No.# 1/5
GAHC010058382020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 897/2020
1:ASRAB ALI AND 7 ORS.
S/O- LT. HASEN ALI, R/O- SHAGUNMARI PT-IV, P.S. BILASIPARA, P.O.
KADAMTOLA, DIST.- DHUBRI, ASSAM, PIN- 783348
2: TAHER ALI
S/O- ASRAB ALI
R/O- SHAGUNMARI PT-IV
P.O. KADAMTOLA
P.S. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 783348
3: ABU TALEB
S/O- ASRAB ALI
R/O- SHAGUNMARI PT-IV
P.O. KADAMTOLA
P.S. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 783348
4: KHAIRUL HOQUE
S/O- ABDUL KHALEK
R/O- SHAGUNMARI PT-IV
P.O. KADAMTOLA
P.S. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 783348
Page No.# 2/5
5: ABUSAMA SHEIKH
S/O- SHUKUR ALI
R/O- SHAGUNMARI PT-IV
P.O. KADAMTOLA
P.S. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 783348
6: JAHIR UDDIN
W/O- AMIR HUSSAIN
R/O- SHAGUNMARI PT-IV
P.O. KADAMTOLA
P.S. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 783348
7: SAHERA BIBI
W/O- TAHER ALI
R/O- SHAGUNMARI PT-IV
P.O. KADAMTOLA
P.S. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 783348
8: SAFIYA BIBI
W/O- JAHIR UDDIN
R/O- SHAGUNMARI PT-IV
P.O. KADAMTOLA
P.S. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 78334
VERSUS
1:THE STATE OF ASSAM
REP. BY P.P., ASSAM
Counsel for the Applicant(s) : None appeared.
Counsel for the Respondent(s): Mr. NJ Dutta, Additional Public Prosecutor, Assam.
: Mr. F Haque, Advocate Page No.# 3/5 BEFORE HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA 21.05.2020 The Court proceedings have been conducted through Video-Conferencing in view of the present scenario so as to maintain social distancing.
2. Asrab Ali, Taher Ali, Abu Taleb, Khairul Hoque, Abusama Sheikh, Jahir Uddin, Sahera Bibi, Safiya Bibi have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure in Bilasipara PS Case No.154/2020 registered under Sections 147/149/325/354(B) of IPC.
3. I have heard Mr. NJ Dutta, learned Additional Public Prosecutor, Assam and Mr. F Haque, learned counsel for the informant.
4. The accusations in the FIR made at the instance of father of the victim is to the effect that on 20.02.2020, at about 1:30 p.m., son of the complainant Habij Uddin, 30 years was returning home after watering paddy field which is at a little distance from the house. The accused named in the FIR, fourteen in number, including all the applicants, surrounded the victim gave him kick and punch blows, beaten him with a lathi with an intention to kill. Thereafter, the victim was made to lie down on the floor and by inserting sharp edged weapon in his mouth, tongue of the victim was cut.
Injuries were caused on other parts of the body also.
Persons from the locality came whereupon the victim was rescued, who had to be admitted to Civil Hospital due to serious nature of injuries and thereafter was referred to Medical College in Barpeta.
5. Mr. NJ Dutta, learned counsel for the prosecution on the basis of instructions from the Investigating Officer states that incriminating evidence has been found against applicant No. 1 Asrab Ali, applicant No. 2 Taher Ali, applicant No. 4 Khairul Hoque, applicant No. 5 Abusama Sheikh, applicant No. 6 Jahir Uddin, applicant No. 7 Sahera Bibi and applicant No. 8 Safiya Bibi.
Page No.# 4/5 No incriminating evidence has been found against applicant No. 3 Abu Taleb.
6. Learned counsel for the applicants has not appeared.
7. I have taken notice of the fact that interim bail was granted in favour of all the applicants vide the order dated 11.03.2020, when the counsel had appeared. Subsequently, the applicant did not appear on 22.04.2020 either from remote location, or from the Court through Video Conferencing.
8. It is apparent that while the applicants are enjoying the benefit of interim directions in a case of serious nature, the case is not being prosecuted. Under these circumstances, I have gone through the file and considered the issue.
9. Other than the injuries on various parts of the body, even the tongue of the victim was cut. The victim is a young boy of 30 years and would remain physically challenged for his entire life.
10. Considering the facts and circumstances of the case, the application filed on behalf of the applicant No. 1 Asrab Ali, applicant No. 2 Taher Ali, applicant No. 4 Khairul Hoque, applicant No. 5 Abusama Sheikh, applicant No. 6 Jahir Uddin, applicant No. 7 Sahera Bibi and applicant No. 8 Safiya Bib is hereby rejected.
11. So far as applicant No. 3 Abu Taleb is concerned, he would be released on bail to the satisfaction of the Investigating/Arresting Officer on the following conditions:-
(i) The applicant No. 3 shall not delay the investigation or trial, and shall give complete cooperation to the investigating officer as and when required.
(ii) The applicant No. 3 shall not leave territorial jurisdiction of the State without informing the Investigating Officer.
(iii) The applicant No. 3 shall not hamper with the investigation or temper with the evidence.
(iv) The applicant No. 3 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/her from disclosing such facts to the Court or to any police officer.
12. In case the applicant No. 3 violates any of the conditions of bail, the prosecution would be at liberty to seek cancellation of the bail granted by virtue of this order.
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13. Let a copy of this order be provided under the signature of the Court Master.
CHIEF JUSTICE Comparing Assistant