Anarul Hoque v. The State of Assam

Page No.# 1/3 GAHC010000872024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4229/2023 ANARUL HOQUE S/O LATE KAZIM UDDIN R/O VILL-BHAJAKHAITI PATHAR P.O. DOLOIGAON

P.S. BHELOWGURI DIST. MORIGAON ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

29.01.2024

Heard Mr. A. Ahmed, learned counsel appearing for the petitioner. Also Page No.# 2/3 heard Mr. K.K. Parasar, learned Addl. P.P., Assam appearing for the State respondent and Mr. A.A.R. Karim, learned counsel appearing for the informant.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973 for granting anticipatory bail to the petitioner, namely, Anarul Hoque, in connection with Moirabari P.S. Case No. 242/2023 under Sections 294/427/506/326/307/379/34 of the Indian Penal Code, 1860.

¶3The case diary as called for is placed before this Court. It may be mentioned that vide order dated 09.01.2024, this Court is granted the privilege of pre-arrest bail to the petitioner subject to the conditions.

¶4Mr. A. Ahmed, learned counsel for the petitioner submits that there was an altercation between the accused persons and the family members of the informant and during the course of the altercation both party sustained minor injuries. He further submits that the accused/petitioner is unnecessarily roped.

¶5Mr. Parasar, learned Addl. P.P. on the other hand strongly opposes the prayer of pre-arrest bail. He submits on the basis of the case diary received that the petitioner appeared before the I/O and got his statement recorded under Section 161 Cr.P.C. He further submits that the statement of other eye-witnesses have also been recorded under Section 161 Cr.P.C. He further submits on the basis of the statement of eye-witnesses, that there are materials to implicate the present accused/petitioner. He further submits that the injury report indicates that the informant's brother has suffered grievous injury on his face and head caused by brick.

¶6I have heard the submissions made at the Bar and I have considered the materials available on record.

¶7It appears from the statements made by the eye-witnesses that the Page No.# 3/3 accused/petitioner with co-accused has assaulted the informant's father with brick. It further reveals from the statements that the accused/petitioner along with a co-accused have folded the hands of the informant's brother while accused Rana Faruk Ahmed was inflicting grievous blow on the head of the informant's brother by a brick.

¶8The aforesaid allegations and the nature of injury are grave. The investigation is in active stage. It is also submitted that the victim is undergoing medical treatment. A copy of a photograph of the informant's brother with the injuries sustained has also been placed before this Court from which it is evident that the informant's brother has been assaulted in a gruesome manner that too in the vital part of the body i.e. the face.

¶9Considering the gravity of the offence and the nature of injury vis-à-vis Article 221 of the Constitution of India, this Court is not inclined to grant the privilege of pre-arrest to the accused/petitioner at this stage.

¶10It is imperative that the investigation be completed. Accordingly, this anticipatory bail application stands rejected. Interim order dated 09.01.2024 shall stand vacated.

¶11Return the case diary.

JUDGE Comparing Assistant