Gauhati High Court
Page No. 1/3 vs The State Of Assam on 21 November, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010220722022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3200/2022
GOLAP RABBANI AND 4 ORS
S/O LATE DHOLA MIYA
R/O VILL- BAGODI
P.S. BARPETA
DIST. BARPETA, ASSAM
PIN-CODE- 781301
2: SHAHANAJ BEGUM
W/O GOLAP RABBANI
R/O VILL- BAGODI
P.S. BARPETA
DIST. BARPETA
ASSAM
PIN-CODE- 781301
3: MUKADESH ALI AHMED @ MUKADESH ALI
S/O LATE NORSHER ALI
R/O VILL- BAGODI
P.S. BARPETA
DIST. BARPETA
ASSAM
PIN-CODE- 781301
4: EKBAL HUSSAIN @ PAPU AHMED
S/O MUKADESH ALI AHMED
R/O VILL- BAGODI
P.S. BARPETA
DIST. BARPETA
ASSAM
PIN-CODE- 781301
5: MOHIDUL ISLAM
S/O KARIM MIYA
R/O VILL- HASARA
Page No. 2/3
P.S. BARPETA
DIST. BARPETA
ASSAM
PIN CODE- 78130
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 21-11-2022 Heard Mr. S.C. Biswas, learned counsel for the petitioners and Mr. B. Sarma, 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] Golap Rabbani, [2] Shahanaj Begum, [3] Mukadesh Ali Ahmed @ Mukadesh Ali, [4] Ekbal Hussain @ Papu Ahmed and [5] Mohidul Islam have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Barpeta Police Station Case no. 1037/2022 registered under Sections 341/325/323/427/382/34, Indian Penal Code [IPC].
3. One Rabbel Al Amin as the informant, has lodged the First Information Report [FIR] arraigning the petitioners as accused with the allegation that at around 4-30 p.m. on 21.10.2022, the petitioners joined together to assault him. As a result, he sustained a number of injuries and he had to be admitted at Fakaruddin Ali Ahmed Medical College and Hospital at Barpeta.
4. Mr. Sarma, learned Additional Public Prosecutor who has received the case diary, Page No. 3/3 has submitted that the C.T. Scan of the informant was done but no abnormalities were found. In so far as the allegation of assault is concerned, no grievous injuries on the person of the informant had been reported.
5. Having regard to the nature of allegations made in the FIR; the facts that the injured/informant did not sustain any grievous injury; and that the petitioners have joined the investigation by appearing before the Investigating Authority pursuant to the interim order dated 02.11.2022, this Court is of the considered view that custodial detention of the petitioners for the purpose of carrying out further investigation is not necessary and they release on pre-arrest bail, at this stage of investigation, is not likely to cause any prejudicial effect in the further investigation of the case, provided they continue to extend their assistance and co-operation in the further investigation of the case.
6. Accordingly, the interim protection granted to the petitioners by order dated 02.11.2022, is made absolute, subject to the following condition nos. 1, 2, 3, 4 & 5, already indicated in the order dated 02.11.2022.
7. The bail application stands disposed of in the aforesaid terms.
JUDGE Comparing Assistant