Abdul Jalil @ Abdul Jalil Barbhuiya v. The State of Assam

ORDER Date : 20-12-2023

¶1Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner Abdul Jalil @ Abdul Jalil Barbhuiya.

¶2By this application filed under Section 438 Cr.PC, the petitioner, namely, Abdul Jalil @ Abdul Jalil Barbhuiya has prayed for pre-arrest bail, as they are apprehending arrest in connection with Page No.# 2/3 Hailakandi PS Case No. 81/2023, registered under Sections 147/148/149/447/427/ 326/307/354(B)/379 of the Indian Penal Code, corresponding to GR Case No. 493/2023.

¶3This is a subsequent application filed by the petitioner on the fresh ground that the petitioner, on the contrary had been attacked by the informant and his family members and they acted in self-defence.

¶4Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing on behalf of the State of Assam.

¶5The allegation against the petitioner is that on 18.04.2023, at about 11:30 to 12:00 am, there was a heated argument between Alim Uddin Barbhuiya and Komrul Islam regarding the passing of two vehicles, when the accused Abdu Goni Barbhuiya assaulted Komrul Islam. Again on 19.04.2023, to avenge the previous incident at about 05:30 pm, the petitioner armed with deadly weapons attacked Saju Ahmed Laskar causing grievous injuries on his head and causing fracture on the hand of Ekbal Hussain Laskar. Mahmood Halim was also injured during the attack and thereafter, when the informant Dilowar Hussain Laskar went to help Mahmood Halim, he was assaulted in the process. At about 06:00 pm, Lutfur Rahman forcefully entered into the informant's sister's house and, thereafter, Lutfur Rahman Barbhuiya and Alim Uddin Barbhuiya outraged her modesty. The petitioners also broke into the house of Ziabur Rahman Laskar and caused grievous injuries on his hand. They also injured Ayub Uddin Laskar and Baharul Alom.

¶6The learned Additional Public Prosecutor has raised serious objection against the bail petition, stating that the petitioner was involved in the incident and Md. Lutfur Rahman Barbhuiya, along with Akbar Hussain Barbhuiya led the petitioner as well as the other accused, who assaulted the informant's family members.

¶7I have perused the Case Diary and I have considered the submissions at the Bar with circumspection.

¶8It is submitted at the Bar that the petitioner will cooperate with the investigation. It was a group clash but all the petitioners were not involved in causing the grievous injuries sustained by Ziabur Rahman Laskar, Baharul Alom and Ayub Uddin Laskar.

¶9I have also considered the submissions of the learned Additional Public Prosecutor that the statements of the witnesses clearly indicates that the grievous injuries sustained by Baharul Alom was caused by the petitioner Abdul Jalil @ Abdul Jalil Barbhuiya.

¶10Although it is submitted that the petitioner has an alibi and he was not at the place of occurrence, Page No.# 3/3 at this juncture there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner. The prayer of parity in connection with order dated 19.09.2023 in AB No. 2614/2023 is not applicable to the case of the petitioner. Hence petition with prayer for anticipatory bail is rejected at this stage. Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010271732023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4083/2023 ABDUL JALIL @ ABDUL JALIL BARBHUIYA S/O LT. BOSIR UDDIN BARBHUIYA VILL- KUCHILA GRANTH, P.O. KUCHILA BAZAR, P.S. AND DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND