Rejabul Hoque v. The State of Assam

ORDER

18.09.2024

¶1Heard learned counsel Mr. A. M. Khan for the petitioner Rejabul Hoque.

¶2The petitioner has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Page No.# 2/3 Baguan P. S. Case No. 74/2023 under Sections 302/34 of the IPC.

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

¶4The allegation against the petitioner is that he along with his family members have committed murder of the victim who was the petitioner's wife.

¶5Learned Additional Public Prosecutor has submitted that the post-mortem report reveals that death was due to the result of asphyxia, due to ante mortem hanging. It is also submitted that although this is a case of suicide, yet it cannot be ruled out that this case falls under Section 306 of the IPC.

¶6I have scrutinized the Case Diary. Indeed there are incriminating materials in the case diary against the petitioner.

¶7The submission of the learned counsel for the petitioner that this is not a case of murder cannot be accepted to grant the privilege of anticipatory bail to the petitioner at this stage of investigation.

¶8At this juncture, the merits of the case are not brought to the fore. However, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Hence, Petition stands rejected at this stage.

¶9Send back the Case Diary. JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010176762024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2295/2024 REJABUL HOQUE S/O LATE ABU BAKKAR SIDDIQUE VILL-BTABARI, P.S. BAGUAN DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, TO THE GOVT. OF ASSAM Advocate for the Petitioner : MR. A M KHAN, MR T T MONI,MR S PRODHANI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND