Abdul Barek @ Abdu Barik and 2 Ors v. The State of Assam

ORDER Date : 20.08.2024 Heard Mr. A. A. R. Karim, learned counsel for the petitioners. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973 praying for granting pre-arrest bail in respect of Chapar Case No.78/2024.

¶3On 20.05.2024, the petitioners along with some other persons attacked the informant and his associates. The petitioners and his associates allegedly used Iron rods, sharp weapons, etc. They allegedly caused injuries to the informant and his associate.

¶4It may be stated that on the same incident, the petitioners also filed an FIR against the informant of the said case. That was registered under Sections 326/325/354 of the Indian Penal Code.

¶5Today after perusal of the Case Diary, it is found that all the three petitioners had taken part in the aforesaid incident.

¶6It may be stated that in the said incident, the petitioner Abdul Barek @ Abdul Barik also sustained injuries for which he had to be admitted in hospital. Medical documents are also filed in this petition.

¶7Considering the aforesaid facts, this Court is of the opinion that the petitioners Saddam Hussain and Tajnur Hussain do not deserve to be given the privilege of pre-arrest bail.

¶8In spite of having some materials against Abdul Barek, this Court is of the opinion that for the aforesaid reasons he does not deserves to be detained in custody.

¶9The interim bail granted to Abdul Barek is made absolute.

¶10The prayer for anticipatory bail for Saddam Hussain and Tajnur Hussain is rejected. Page No.# 3/3

¶11The petitioner Abdul Barek is directed to co-operate with the Police Investigating Officer as and when required.

¶12The bail application stands disposed of accordingly.

¶13Case Diary shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010116172024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1515/2024o ABDULoBAREKo@oABDUoBARIKoANDo2oORS.o S/OoLATEoKOROBoALIo@oKOROPoALIoSHEIKH,oR/OoHARDEMARA,oP.S.- CHAPAR,oDIST-oDHUBRI,oASSAM,oPIN-783371 2:oSADDAMoHUSSAIN oS/OoSRIoABDULoBAREKo@oABDULoBARIK oR/OoHARDEMARA oP.S.-CHAPAR oDIST-oDHUBRI oASSAM oPIN-783371 3:oTAJMoHOOVEo@oTAJNURoHUSSAINo@oTAZNURoHOQUE oS/OoSRIoABDULoBAREKo@oABDULoBARIK oR/OoHARDEMARA oP.S.-CHAPAR oDIST-oDHUBRI oASSAM oPIN-78337o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoAoRoKARIM,oMSoG.PURI,Ms.oR.oR.oBORAH,MRoSo RAHMAN,MR.oAoDEBo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA