Md. Arfan Ali and Anr v. The State of Assam

ORDER Date : 25.04.2023 Heard Mr. B. M. Choudhury, learned Counsel appears for the petitioners. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4

(2) By this application under Section 438 of Cr. P.C., the petitioners, namely, Md. Arfan Ali and Md. Rabbul Amin are seeking Anticipatory Bail apprehending arrest in connection with an FIR dated 20.01.2023, which is registered as Rupahihat Police Station case No. 33/2023, registered under Sections 120(B)/147/148/149/326/302 of IPC.

(3) It is submitted by the learned counsel for the petitioner that an FIR dated 20.01.2023 was lodged by the informant, one, Junu Begum, alleging that her husband, Sirajul Islam was assaulted by the group of persons including the petitioners and because of which he sustained grievous injuries. The husband of the informant was thereafter, taken to hospital for medical treatment, but he expired while undergoing treatment. Accordingly, the FIR was lodged naming about 11 persons including the petitioners as the accused persons responsible for assaulting and causing grievous hurt to the late husband of the informant leading to his death.

(4) The learned counsel for the petitioners submits that the petitioners before this Court are not at all connected with the offences alleged; they were merely present at the place of occurrence. The place of occurrence was a bazaar and the incident was took place about 6.00 p.m in the evening. The petitioners are the close relatives of one Basirul Islam, against whom primary allegations are made by the informant. It is submitted that purely on suspicion the petitioners are being Page No.# 3/4 named in the FIR and as such they apprehending arrest and approached this Court praying for anticipatory bail.

(5) This Court vide earlier orders had call for case diary along with Post Mortem Report. The case diary along with the Post Mortem Report is presented before this Court today by the learned Additional Public Prosecutor.

(6) Learned Addl. P.P submits that the matter is at the stage of investigation and therefore at this stage grant of anticipatory bail may affect the progress of investigation and therefore, the bail prayer needs to be rejected.

(7) The learned counsels for the parties have been heard. The case diary along with the post mortem report as presented before this Court has been carefully perused.

(8) There are depositions of two witnesses recorded under Section 164 Cr.P.C. The statements of these witnesses recorded under Section 164 Cr.P.C along with the statements of other witnesses prima facie incriminate the present petitioners at this stage of investigation. The witnesses specifically make allegations against one, Basirul Islam.

(9) The prime accused in his statement before the Police initially stated that there was nobody with him when he attacks. Subsequently, he mentioned the name of the petitioners. From the statement of the prime accused, Basirul Islam, it is revealed that the petitioners aided and abetted the Page No.# 4/4 commission of the crime by the prime accused, Basirul. The case diary reveals some incriminating materials against the petitioners at the stage of investigation.

(10) Considering such materials as is evident from the case dairy in respect of the petitioner, this Court is not inclined to grant anticipatory bail as prayed for, at the stage of investigation.

(11) Anticipatory bail petition is accordingly dismissed.

(12) Return the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010048602023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/767/2023 MD. ARFAN ALI AND ANR S/O LATE SAMIR UDDIN R/O VILL- BARPETA UNDER RUPAHIHAT POLICE STATION IN THE DISTRICT OF NAGAON, ASSAM 2: MD. RABBUL AMIN S/O MD. ARFAN ALI R/O VILL- BARPETA UNDER RUPAHIHAT POLICE STATION IN THE DISTRICT OF NAGAON ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA