This application under Section 438 CrPC sought pre-arrest bail in an assault case. The High Court held there were no changed circumstances and found incriminating materials against the petitioners. The bail was dismissed.
Prayer for pre-arrest bail under Section 438 CrPC rejected; bail petition dismissed.
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GAHC010009702020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 197/2020
1:NANDALAL BARMAN @ NANDA BARMAN AND ANR. S/O LT. JALODHAR BARMAN, R/O VILL. CHAUTARA, P.O. AMINKATA, P.S. GOSSAIGAON, DIST. KOKRAJHAR, BTAD, ASSAM
2: BISADU CHANDRA BARMAN @ BISADU BARMAN S/O SADANANDA BARMAN R/O VILL. CHAUTARA P.O. AMINKATA P.S. GOSSAIGAON DIST. KOKRAJHAR BTAD ASSA
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A A R KARIM
Advocate for the Respondent : PP, ASSAM
Linked Case : AB 150/2020
1:NITAI CH. BARMAN AND 4 ORS S/O SRI NALINI KT. BARMAN R/O VILL-CHAUTARA P.O.-AMINKATA P.S.-GOSSAIGOAN DIST-KOKRAJHAR BTAD ASSAM
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S/O NALINI KT. BARMAN R/O VILL-CHAUTARA P.O.-AMINKATA P.S.-GOSSAIGOAN DIST-KOKRAJHAR BTAD ASSAM 3: JITU BARMAN (MEMBER OF VCDC) S/O LATE JATIN BARMAN R/O VILL-CHAUTARA P.O.-AMINKATA P.S.-GOSSAIGOAN DIST-KOKRAJHAR BTAD ASSAM
4: TUKESWAR BARMAN S/O LATE RABI KT. BARMAN R/O VILL-CHAUTARA P.O.-AMINKATA P.S.-GOSSAIGOAN DIST-KOKRAJHAR BTAD ASSAM VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM
Advocate for the Petitioner : MR. A A R KARIM Advocate for the Respondent : PP ASSAM
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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 07-02-2020
Heard Mr. A. A. R. Karim, learned counsel for the petitioners. Also heard Ms. S. H. Bora, learned Additional P.P. for the State of Assam.
The petitioners, namely, 1. Sri Nitai Ch. Barman, 2. Sri. Haripada Barman, 3. Sri Jitu Barman, 4. Sri Bhola Nath Barman and 5. Sri Tukeswar Barman have preferred this application under Section 438 seeking pre-arrest bail in favour of in connection with Gossaigaon P.S. Case No. 439/2019 under Section 143/341/326/325/506 IPC.
The petitioners submit that on the basis of FIR lodged on 09.10.2019 by the informant it was alleged that the petitioner assaulted the nephew- Rakibul Islam of the informant while he was outside his house making conversations over the mobile phone. It is alleged that the accused assaulted him by sharp weapons causing injury on his left arm as well as head injury. When the family members rushed to prevent the assault the sister-in-law of the informant was threatened by pointing a dagger. The family members made hue and cry and thereafter, the neighbours rushed to the spot and called the police, the police came and recovered nephew of the informant. His physical condition was serious. After receipt of the said FIR Police registered a case being Gossaigaon P.S. Case No. 439/2019 and started investigation. The petitioners relied on order dated 13.11.2019 passed in Bail Application No. 3378/2019 whereby one Gopinath Barman was released on bail. The said person was also arrested in connection with the same Gossaigaon P.S. Case No. 439/2019. The present petition is a second bail petition preferred by the same petitioner pursuant to AB No. 3879/2019 whereby this Court by order dated 19.12.2019 earlier rejected the case of the petitioners after due perusal of the case diary and upon finding incriminating materials against the petitioners. Upon due perusal of the pleadings it is seen that there is no changed circumstances/new grounds for
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preferring the second bail petition by the petitioners. Also upon due perusal of the case diary, it is seen that there being incriminating materials against the petitioners and also as no new ground having been pleaded, this Court is not inclined to grant pre-arrest bail as sought for by the petitioners.
Accordingly, the prayer is rejected and the bail petition is dismissed. Send back the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted in connection with assault charges under Sections 326, 325, 506 IPC.
Whether there are any changed circumstances or new grounds justifying the grant of pre-arrest bail in a repeat bail petition.
2 provisions across 2 enactments
Nandlal Barman @ Nanda Barman and another
Bisadu Chandra Barman @ Bisadu Barman
The State of Assam
Nitai Ch. Barman and 4 ors
Haripada Barman
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
