The Gauhati High Court dismissed the anticipatory bail application of Md. Nazir under Section 438 Cr.P.C. The court found abundant incriminating evidence from the case diary and vacated previously granted interim bail.
Anticipatory bail application dismissed; interim pre-arrest bail granted on 06.03.2019 is vacated.
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GAHC010047382019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 658/2019
1:MD. NAZIR @ NAZIR AHMED
S/O MOHAMMAD ALI @ MAHMOD ALI, R/O. VILLAGE NILBAGAN, P.S. MURAJHAR, DIST.- HOJAI, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 10-06-2019
Heard Mr. B. Chowdhury, learned counsel for the petitioner and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing on behalf of the State.
By this petition under Section 438 Cr.P.C., the petitioner, namely, Md. Nazir @ Nazir Ahmed has
prayed for granting him pre-arrest bail, apprehending arrest in connection with Murajhar PS Case No. 34/2019 under Sections 366/342/326 of the IPC.
The case diary as called for is placed before the Court.
Be it mentioned that vide order, dated 06.03.2019, the petitioner was granted the privilege of interim pre-arrest of bail in connection with the above noted case and in terms of the conditions, he is cooperating in investigation.
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Mr. B Sarma, learned Addl. Public Prosecutor, Assam, submits that as per the injury report the injuries sustained by the victim were grievous and caused by sharp weapon and thus there is abundance of prima facie incriminating evidence against the petitioner.
Having considered the above submissions made by the learned counsel for both the sides and scrutiny of the case diary, this Court finds that there is abundance of incriminating material against the petitioner. In the backdrop of the facts and circumstances of the case as emerged from the case diary, this Court finds that it is not a fit case for grant of the privilege of pre arrest of bail to the petitioner namely Md. Nazir @ Nazir Ahmed .
Accordingly the anticipatory bail application stands dismissed.
The interim pre-arrest bail granted vide order, dated 06.03.2019, stands vacated.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail pre-arrest in a case involving an assault with a sharp weapon.
Md. Nazir @ Nazir Ahmed
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
