Mrinal Medhi v. The State of Assam

Page No.# 1/2 GAHC010002142024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/47/2024 MRINAL MEDHI S/O JITENDRA KUMAR MEDHI R/O JITENDRA KUMAR MEDHI, R/O HOUSE NO. 117, NEAR UNION BANK OF INDIA, BELTOLA, BASISTHA CHARIALI, P.S. BASISTHA, DIST. KAMRUP (M), ASSAM PIN-781029 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. U SAIKIA Advocate for the Respondent : PP, ASSAM

B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

25.01.2024

Heard Mr. U. Saikia, learned counsel appearing for the petitioner. Also heard Mr. N. Das, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/2

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973 for granting anticipatory bail to the petitioner, namely, Mrinal Medhi, in connection with Basistha P.S. Case No. 845/2023, registered under Sections 294/323/326/384/427/506/34 of the Indian Penal Code, 1860.

¶3The case of the prosecution is that the accused/petitioner along with two others has assaulted the informant, who is a police personnel of Assam Police posted in the Basistha Police Station. It is alleged that the accused person assaulted the informant in his hand with sharp weapon, causing severe injury to his head and has also threatened him with dire consequences.

¶4The case diary is called for is placed before this Court.

¶5It appears from the materials available on record that the accused/petitioner is absconding and the medical report produced before this Court indicates that the injuries are grievous in nature.

¶6Considering the gravity of the offence, nature of injury, this Court is not inclined to grant pre-arrest bail to the petitioner at this stage. As such, the prayer for anticipatory bail of the petitioner is rejected.

¶7With the above observation and direction, this anticipatory bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant