Samed Ali @ Sumit Ali v. The State of Assam

ORDER Date : 28-06-2024 Heard Mr. T.J. Mahanta, learned Senior Counsel for the petitioner 1. Samed Ali @ Sumit Ali.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as he is apprehending arrest in connection with Jalukbari Police Station Case No. 282/2024 (G.R. No. Page No.# 2/3 3308/2024), under Sections 120(B)/ 427/294/341/325/326/379/506/34 of the Indian Penal Code, 1860.

¶3Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that petitioner, who is also named as the accused No. 1 in the FIR, used to park his vehicle 'Chota Hathi' in the Tiles Godown located near Ganga Petrol Pump at Jalukbari. On 04.06.2024, at about 2 AM midnight the petitioner broke into the parking lot and took out is vehicle. The Supervisor of the Godown Irfan Ali reprimanded the petitioner and asked him to purchase one lock. Then on 06.06.2024, at about 3 PM, the petitioner called Irfan Ali to his room for a discussion. When Irfan Ali went to the petitioner's room, he was attacked by the petitioner as well as by the accused named in the FIR who acted in a premeditated manner. The victim Irfan Ali then raised alarm and then his brother Raj Bhujel, staff Raj Senapati and others including Samarjit Rajbongshi and Rahul Das came to his rescue and they were also assaulted in the process.

¶5The learned Additional Public Prosecutor has stated that there are incriminating materials in the Case Diary against the petitioner. Injury sustained by Irfan Ali is simple in nature whereas the injury sustained by Raj Senapati is not simple in nature and caused by a sharp weapon.

¶6I have considered the submissions at the bar with circumspection. I have scrutinized the Case Diary. There appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner at this stage. Hence, petition stands rejected at this stage.

¶7In the above terms, this Anticipatory Bail application stands disposed of. Page No.# 3/3

¶8Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010121722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1583/2024 SAMED ALI @ SUMIT ALI S/O GAJI MIYA, R/O VILL- RAHAMPUR, P.O.-CHAKABUSI, P.S. AND DIST- BARPETA, ASSAM, PIN-781308 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD. S ALOM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND