Gauhati High Court
Page No. 1/3 vs The State Of Assam on 16 December, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010225802022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3277/2022
SAHID AHMED AND ANR
S/O NASIR UDDIN
R/O BHABANIPUR, WARD NO. 9, SONARI TOWN,
P.S. SONARI
DIST. CHARAIDEO, PIN-785690, ASSAM
2: AFTER HUSSAIN
S/O NASIR UDDIN
R/O BHABANIPUR
WARD NO. 9
SONARI TOWN
P.S. SONARI
DIST. CHARAIDEO
PIN-785690
ASSAM
VERSUS
THE STATE OF ASSAM
BEING REP. BY THE PP, GOVT. OF ASSAM
Advocate for the Petitioner : MR. A R SHOME
Advocate for the Respondent : PP, ASSAM
Page No. 2/3
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 16-12-2022 Heard Mr. A.J. Ghosh, learned counsel for the petitioners and Mr. M.P. Goswami, 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] Sahid Ahmed and [2] After Hussain have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Sonari Police Station Case no. 148/2022, registered for the offences under Sections 325/326/307/379/34, Indian Penal Code [IPC].
3. In the First Information Report [FIR], both the petitioners, who are brothers by relation, are named along with another brother by relation, Md. Siabuddin. The allegations against them are with regard to physical assault on one Md. Khasrul Islam at around 10-00 a.m. on 03.10.2022. The informant has further alleged that apart from assaulting his elder brother, Md. Khasrul Islam, the assailants had also assaulted him and his younger brother, Md. Faiz Ahmed with an iron rod.
4. Mr. Goswami, learned Additional Public Prosecutor who has received the case diary, has submitted that the injured, Md. Khasrul Islam had to be admitted in the ICU following the assault and was in the hospital after the assault for a long period. The health condition of the injured, Md. Khasrul Islam has not yet fully improved and he is still not in a position to give any statement to the I.O., who has visited him a number of times till date. The injuries sustained by the injured were on his head and he had to undergo brain surgery due to such injuries. The eye-witness accounts have asserted the presence of the present two petitioners along with Siabuddin, who was arrested and thereafter, released on bail after a period of more than 60 days in custody. The eye-witness accounts go to indicate that first blow on the injured was given by Siabuddin and when after the first blow, the injured fell down on the Page No. 3/3 ground, the present two petitioners continued to assault the injured by giving blows.
5. Having regard to such incriminating materials in the case diary, I am of the considered view that this is not a fit case to extend the benefit of pre-arrest bail to the two petitioners under Section 438, CrPC and accordingly, the prayers for pre-arrest bail are rejected.
JUDGE Comparing Assistant