Sha Jahan v. The State of Assam

ORDER

12.12.2024

Heard Mr. M. Islam, the learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. By this application under Section 482 of BNSS, 2023., the petitioner, namely, Sha Page No.# 2/2 Jahan is seeking pre-arrest bail in connection with South Salmara Police Station Case No. 163/2024 registered under Section 126(2)/127(2)/117(2)/118(2)/109/3(5) of BNS. Case diary is received. Perused the same. From the case diary, it is seen that there are sufficient incriminating materials against the present petitioner. After perusal of the statement of victim, it is also seen that the accused petitioner Sha Jahan Ali S/o Jarip Ali's role in beating up the victim has specifically been stated by the victim. The injuries are prima facie grievous in nature with fracture in leg. Therefore, considering the material available on record, this Court is of the view that the petitioner has not been able to make out a case for grant of privilege of pre-arrest bail. Accordingly, the prayer for pre-arrest bail of the petitioner stands rejected. Case diary be returned back to the learned Additional Public Prosecution. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010257592024 2024:GAU-AS:12573 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3190/2024 SHA JAHAN S/O JARIP ALI VILL- 182, RAJABALA BHALUKKANDI, P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, MS. S SULTANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY