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Gauhati High Court

Page No. 1/4 vs The State Of Assam on 9 November, 2022

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                    Page No. 1/4

GAHC010189872022




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : AB/2733/2022

         ABDUL MUNIM @ MONAI AND 3 ORS
         S/O BASIR AHMED
         VILL- EAST SARKARIBARI (KAZIRBAZAR), P.O. AND P.S. RATABARI, DIST.
         KARIMGANJ, ASSAM, PIN-788735

         2: ABDUL WAHID
          S/O BASIR AHMED
         VILL- EAST SARKARIBARI (KAZIRBAZAR)
          P.O. AND P.S. RATABARI
          DIST. KARIMGANJ
         ASSAM
          PIN-788735

         3: ABDUL BASIT
          S/O BASIR AHMED
         VILL- EAST SARKARIBARI (KAZIRBAZAR)
          P.O. AND P.S. RATABARI
          DIST. KARIMGANJ
         ASSAM
          PIN-788735

         4: ABDUL KADIR
          S/O BASIR AHMED
         VILL- EAST SARKARIBARI (KAZIRBAZAR)
          P.O. AND P.S. RATABARI
          DIST. KARIMGANJ
         ASSAM
          PIN-78873

         VERSUS

         THE STATE OF ASSAM
         REP. BY THE PP, ASSAM
                                                                                      Page No. 2/4


Advocate for the Petitioner   : MR. A R TALUKDAR

Advocate for the Respondent : PP, ASSAM


                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 09-11-2022 Heard Mr. A.R. Talukdar, learned counsel for the petitioners; Mr. B Sarma, learned Additional Public Prosecutor for the respondent State of Assam; and Mr. S. Roy, learned counsel for the informant.

2. By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioners viz. [1] Abdul Munim @ Monai, [2] Abdul Wahid, [3] Abdul Basit and [4] Abdul Kadir have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Ratabari Police Station Case no. 262/2022 registered under Sections 341/325/307/392, Indian Penal Code [IPC].

3. One Abu Jafar Ikbal as the informant has lodged the First Information Report [FIR] against the 4 [four] petitioners herein with the allegation, inter alia, that at around 5-30 p.m., on 06.09.2022, they restrained the elder brother of the informant, Rubi Ahmed at Kazirbazar [Ratabari Bazaar] and thereafter, assaulted him with lathi, dao, rod, etc. As a result of such attack, the elder brother of the informant alleged to have suffered injuries. Allegation is also made of snatching of Rs. 30,000/- and other public documents from the possession of the injured.

4. Mr. Sarma, learned Additional Public Prosecutor who has received the case diary, has submitted that the materials in the case diary, collected during the course of investigation carried out so far, do not contain any materials regarding snatching of Rs. 30,000/- and other public documents from the possession of the injured.

5. As per the injury report of Rubi Ahmed, he sustained injuries in the nature of tenderness and abrasion. As per the injury report, the injuries were caused by blunt objects.

6. Mr. Roy, learned counsel for the informant has submitted that the two of the petitioners are habitual offenders and a number of criminal cases are pending against them. In response, Mr. Talukdar, learned counsel for the petitioners has submitted that the cases pending against the two of the petitioners are apparently of civil nature.

7. Considering the fact that as per the injury report, the injured had sustained only simple injuries and the same were caused by blunt object, this Court is of the considered view that custodial interrogation of the petitioners are not necessary for the purpose of carrying out further investigation into the case and their release on pre-arrest bail, at this stage of investigation, is not likely to bring any adverse effect in the course of further investigation, provided they extend their assistance and co-operation in the further investigation of the case by joining the investigation.

8. Accordingly, it is provided that in the event of arrest of the petitioners viz. [1] Abdul Munim @ Monai, [2] Abdul Wahid, [3] Abdul Basit and [4] Abdul Kadir in connection with Ratabari Police Station Case no. 262/2022, they shall be released on bail on furnishing a bail bond of Rs. 25,000/- each with one local surety each of the like amount, to the satisfaction of the arresting authority, subject to the conditions that :

[i] the petitioners shall appear before the Investigating Officer [I.O.] of the case within 10 [ten] days from today and thereafter, appear before the I.O. once in every 2 [two] weeks for the next 8 [eight] weeks;

[ii] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer; and [iii] the petitioners shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

9. The application stands disposed of in the aforesaid terms.

JUDGE Comparing Assistant