Foriz Uddin @ Forij Ahmed and Anr v. The State of Assam

ORDER Date : 27.06.2024 Heard Mr. M. Ahmed, learned counsel for the petitioners, (i) Foriz Uddin @ Forij Ahmed (ii) Sahad Uddin. Page No.# 2/3

¶2The petitioners have filed this application under Section 439 Cr.P.C., with prayer for bail, as they are behind bar since 04.05.2024 & 05.05.2024, in connection with Karimganj P.S. Case No. 262/2024, registered under Sections 120(B)/448/323/325/326/341/354/307 of the Indian Penal Code, 1860.

¶3Heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam.

¶4The allegation against the petitioners is that on 24.04.2024 at about 12/12.30 p.m., the petitioners armed with deadly weapons attacked Rachu Bibi, Sanu Begum, Marzina Begum and Sufiana Begum. At that time when Abdul Hannan came out and tried to protect, they attacked him with sharp weapons causing grievous injuries on his head. The petitioners have also attacked Saibor Ali and caused grievous injuries on his person.

¶5The learned Additional Public Prosecutor has raised serious objection stating that the victim Abdul Hannan is not in a position to speak and as such, his statement has not yet been recorded. He further submitted that there are incriminating materials against the petitioners in the case diary. There are indeed incriminating materials against the petitioners in the case diary. The injury sustained by the victims are grievous in nature.

¶6I have considered the submissions at the Bar with circumspection. I have also scrutinized the case diary and the injury reports.

¶7The petitioners are booked under a serious offence and they are not entitled to bail at this stage. The victims have sustained grievous injuries caused by blunt weapon as well as sharp weapon. They have sustained injuries on their Page No.# 3/3 head.

¶8In view of my foregoing discussions, it is thereby held that there appears no justified ground to extend the privilege of bail to the present petitioners. The victims Abdul Hannan and Saibor Ali have sustained grievous injuries on their heads. Accordingly, the petition for bail is rejected at this stage.

¶9The bail application stands disposed of.

¶10Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010120402024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1748/2024 FORIZ UDDIN @ FORIJ AHMED AND ANR S/O ABDUL SUBAN R/O VILL- DEOPUR, P.O. TILLABAZAR P.S. KARIMGANJ DIST. KARIMGANJ, ASSAM 2: SAHAB UDDIN REPRESENTED BY THE PUBLIC PROSECUTOR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTORS, ASSAM Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND