Gauhati High Court
Asrab Ali And 13 Ors vs The State Of Assam on 21 May, 2020
Author: Ajai Lamba
Bench: Ajai Lamba
Page No.# 1/5
GAHC010058392020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 903/2020
1:ASRAB ALI AND 13 ORS.
S/O- LATE HASEN ALI, VILL- SHAGUNMARI PART IV, P.S- BILASIPARA,
DIST- DHUBRI, ASSAM, PIN- 783348
2: JONAB ALI
S/O- LATE HASEN ALI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
3: TAHER ALI
S/O- ASRAB ALI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
4: ABUL KALAM AZAD
S/O- ASRAB ALI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
5: ABU TALEB
S/O- ASRAB ALI
VILL- SHAGUNMARI PART IV
Page No.# 2/5
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
6: ABDUL HOQUE
S/O- KASEM ALI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
7: KODBHANU BIBI
D/O- LATE JILIMUDDIN BEPARI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
8: ADOM ALI
S/O- LATE JILIMUDDIN BEPARI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
9: RAHIMA KHATUN
W/O- JILIMUDDIN BEPARI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
10: NUR MOHAMMAD
S/O- JALAL BEPARI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
Page No.# 3/5
PIN- 783348
11: JEHAR ALI BEPARI
S/O- FAJAR ALI BEPARI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
12: FAJAR ALI
S/O- RASAN ALI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
13: JALAL BEPARI
S/O- RASAN ALI
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 783348
14: JAHIR UDDIN
S/O- AMIR HUSSAIN
VILL- SHAGUNMARI PART IV
P.S- BILASIPARA
DIST- DHUBRI
ASSAM
PIN- 78334
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PP, 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.# 4/5 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, Jonab Ali, Taher Ali, Abul Kalam Azad, Abu Taleb, Abdul Hoque, Kodbhanu Bibi, Adom Ali, Rahima Khatun, Nur Mohammad, Jehar Ali Bepari, Fajar Ali, Jalal Bepari and Jahir Uddin have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure in Bilasipara PS Case No.153/2020 registered under Sections 147/149/341/342/325/326/307 of IPC.
3. I have heard Mr. NJ Dutta, learned Additional Public Prosecutor, Assam and Mr. F Haque, learned counsel for the informant.
4. Learned counsel for the applicants has not appeared.
5. The counsel appeared on 11.03.2020 when the interim bail was granted. Subsequently, on the next date of listing, i.e., 22.04.2020, the counsel did not appear, while the interim direction was continued.
6. I find that in a case of serious nature in which grievous injuries have been caused and accusation of attempt to murder has been made, while the applicants are enjoying the fruits of interim direction, the counsel has not appeared to prosecute the case. I have taken up the matter for decision as the interim direction would hamper investigation.
7. I have gone through contents of the FIR. Accusation is to the effect that on 20.02.2020 at about 1:30 p.m., the accused surrounded elder sister of the complainant, mother of the complainant, sister-in-law of the complainant and the complainant in front of the house and attacked them by giving kick, punch blows and blows with lathi. All the said persons were injured on various parts of the body. Mother of the complainant received injuries on the right hand. An alarm was raised whereupon the neighbours rescued them.
It has also been alleged that clothes of elder sister of the complainant were pulled and her Page No.# 5/5 modesty was outraged.
8. Considering the nature of accusations coupled with the fact that counsel for the prosecution on the basis of instructions has stated that all the applicants have been found involved in committing the offence, I find no ground to grant anticipatory bail under Section 438 Cr.PC, in a case where a number of persons have been injured, including ladies, in broad day light. Exhaustive investigation in such circumstances is required to be conducted so as to bring the accused to book.
9. The application is hereby rejected.
10. Let a copy of this order be provided under the signature of the Court Master.
CHIEF JUSTICE Comparing Assistant