Pankaj Nath v. The State of Assam

ORDER

04.06.2024

¶1Heard Mr. P. Bora, learned senior counsel for the petitioner, Shri Pankaj Nath.

¶2This application has been filed by the petitioner under Section 438 of the Cr. PC as he is apprehending arrest in connection with Kampur P.S. Case No. Page No.# 2/2 09/2024 under Section 326/307 of the IPC.

¶3Heard Ms. N. Das, learned Additional Public Prosecutor for the respondent State.

¶4The allegation against the petitioner is that on 30.01.2024 at about 9 a.m. the petitioner assaulted the victim, Bhaskar Bora causing grave injuries with a sharp

weapon

with

intention

to

commit

murder.

¶5The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶6The victim has suffered grave injuries on his head caused by blunt weapon.

¶7I have considered the submissions at the Bar with circumspection.

¶8I have also scrutinized the Case Diary.

¶9The petitioner is booked under Section 307/326 of the IPC.

¶10There appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner at this stage of investigation.

¶11Petition is rejected.

¶12Send back the Case Diary.

¶13Interim order stands vacated. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010028152024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/337/2024 PANKAJ NATH S/O LATE DHARANI NATH TETELIASARA AATHICHUK P.S. KAMPUR, DIST.NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM Advocate for the Petitioner : MR. P BORA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND