Ali Hussain and 4 Ors v. The State of Assam

ORDER Date : 27.06.2024 Heard Mr. M. Ahmed, learned counsel for the petitioners, (i) Ali Hussain (ii) Ekbal Hussain.

¶2The petitioners have filed this application under Section 438 Cr.P.C., with prayer for pre-arrest bail, as they are apprehending arrest in connection with Karimganj

P.S.

Case

No.

262/2024,

under

Sections 120(B)/448/323/325/326/341/354/307 IPC.

¶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 Page No.# 3/3 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. It is further submitted that it appears from the injury sustained by the victims that the petitioners acted in an attempt to commit murder.

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

¶7It appears that the petitioners are booked under a serious offence and they are not entitled to pre-arrest bail at this stage.

¶8In view of my foregoing discussions, it is thereby held that there appears no justified ground to extend the privilege of pre-arrest bail to the present petitioners. Accordingly, the bail petition is rejected.

¶9The bail application stands disposed of.

¶10Send back the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010122992024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1595/2024o ALIoHUSSAINoANDo4oORS.o S/OoLATEoABDULoSATTAR,o VILL.-oDEOPUR,oP.O.-oTILLABAZAR,oP.S.-oKARIMGANJ,oDIST.-oKARIMGANJ,o DIST.oKARIMGANJ,oASSAM. 2:oEKBALoHUSSAIN oS/OoABULoHASAN o VILL.-oDEOPUR oP.O.-oTILLABAZAR oP.S.-oKARIMGANJ oDIST.-oKARIMGANJ oDIST.oKARIMGANJ oASSAM. 3:oALIoAHMED oS/OoLATEoABDULoSATTAR o VILL.-oDEOPUR oP.O.-oTILLABAZAR oP.S.-oKARIMGANJ oDIST.-oKARIMGANJ oDIST.oKARIMGANJ oASSAM. 4:oFAYJULoHOQUE oS/OoLATEoABDULoSATTAR o VILL.-oDEOPUR oP.O.-oTILLABAZAR oP.S.-oKARIMGANJ oDIST.-oKARIMGANJ oDIST.oKARIMGANJ oASSAM. Page No.# 2/3 5: SUFIAN AHMED S/O ABDUL JALIL VILL.- DEOPUR P.O.- TILLABAZAR P.S.- KARIMGANJ DIST.- KARIMGANJ DIST. KARIMGANJ ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTORS. Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND