Abdul Rashid v. The State of Assam

ORDER

08.02.2024

Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Dalgaon P.S. Case No. 315/2023 under Sections 447/294/326/34 added Section 302 of the Indian Penal Code. Case Diary has been received and I have perused the same. It is submitted by the learned counsel for the petitioner, Mr. Ahmed, that the present petitioner is innocent and he is not at all involved in the alleged offence. It is contended by the petitioner that there was a land dispute and thereby, altercation took place between both the parties, which accordingly turn into a mutual marpit. As a result of which, the persons of petitioner side and informant side sustained injuries and to that effect a counter First Information Report(FIR) has been filed by the petitioner side against the informant. Further, the accused/petitioner is still ready and willing to co-operate with the I.O. in further investigation of the case, if he is granted the privilege of interim pre-arrest bail. In this context, Mr. Parasar, learned Additional Public Prosecutor has submitted that from the materials available in the Case Diary revealed that there was a group fight between the accused petitioner and informant side, and both the parties sustained grievous injuries. He also submits that, though the altercation was started with the present petitioner, but, he did not took any active part in assaulting the other party. In this regard, the learned Additional Public Prosecutor raised no objection in granting pre-arrest bail to the accused petitioner. Page No.# 3/3

Considering the submissions of learned counsels of both sides as well as the materials available in the Case Diary and entire aspect of the case, I find that custodial interrogation of the present accused/petitioner is not necessary in this case and therefore, I find it a fit case to grant the privilege of pre-arrest bail to the accused/petitioner. Accordingly, it is provided that in the event of arrest of the accused/applicant, namely, Abdul Rashid, in connection with Dalgaon P.S. Case No. 315/2023 under Sections 447/294/326/34/302 of the Indian Penal Code, he shall be enlarged on pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

(i) that the petitioner shall make himself available for interrogation by the Investigating Officer within 7(seven) from today.

(ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

(iii) that the petitioner shall not leave the jurisdiction of the concerned jurisdictional Magistrate, without prior permission. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010268882023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/4030/2023o ABDULoRASHIDo S/OoLT.oAoBDULoSUBANo R/OoKHAKLBHANGI,oJOGIGAON,o P.S.oDALGAON,oDIST.oDARRANG,oASSAM VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoMoAHMEDo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA