Page No.# 1/3 vs The State Of Assam on 19 August, 2021

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Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 19 August, 2021

Bench: Hitesh Kumar Sarma

                                                           Page No.# 1/3

GAHC010103572021




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

                                 Case No. : AB/1960/2021

            RUPDHAN ALI AND 2 ORS.
            S/O LATE HASAN ALI
            R/O VILL- DIPTA
            P.S. NALBARI
            DIST NALBARI, ASSAM

            2: MD RAKIB UDDIN AHMED @ RAKIB ALI
             S/O KHABIR ALI
            R/O VILL- DIPTA
            P.S. NALBARI
            DIST NALBARI
            ASSAM

            3: MD. PUTUL ALI
             S/O KUDDUCH ALI
            R/O VILL- DIPTA
            P.S. NALBARI
            DIST NALBARI
            ASSA

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MR. S MUNIR

Advocate for the Respondent : PP, ASSAM

Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 19-08-2021 This is an application, filed under Section 438 of the Cr.PC. seeking pre- arrest bail of the accused-petitioners, namely, 1) Md. Rupdhan Ali, 2) Md. Rakib Uddin Ahmed @ Rakib Ali, and 3) Md. Putul Ali, in connection with Nalbari Police Station Case No.341/2021 registered under Sections 326/379/506/34 of the Indian Penal Code, read with Section 7 of the Essential Commodities Act.

Heard Mr. S. Munir, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam appearing for the Respondent State.

Mr. Kaushik, learned Additional Public Prosecutor has submitted that in accordance with the order dated 2.8.2021, he has received the medical report of injury through WhatsApp message and the same has been shown to this Court.

From the medical report, it appears that the injury sustained by the injured were simple in nature caused by sharp weapon. Therefore, prima facie, it does not appear that Section 326 of the IPC is attracted. However, this view is tentative and for the purpose of this application only. Section 7 of the Essential Commodities Act is bailable.

Considering the nature of the offence alleged and in view of the above observation, the petitioners are granted pre-arrest bail.

Accordingly, it is provided that in the event of arrest of the petitioners above named, in connection with the case aforementioned, they shall be released on Page No.# 3/3 bail on furnishing bail bond of Rs.15,000/- each, with a suitable surety each of the like amount, to the satisfaction of arresting authority.

The direction for pre-arrest bail is subject to the conditions that the petitioners :

(a) shall appear before the Investigating Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) 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 from disclosing such facts to the Court or to any police officer.

The petition stands disposed of accordingly.

Return the case diary.

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