Allowed

Arifuddin Ahmed @ Arifuddin and 3 Ors. v. the State of Assam

Gauhati HC27 Feb 2020AB/318/2020

Case brief

AI extract

What is this about?

The Gauhati High Court granted absolute pre-arrest bail to four accused persons in a mutual assault case. The court held that the injury was simple and no serious offence under Section 326 IPC was made out, leading to the disposal of the anticipatory bail application.

What did the court decide?

Absolute pre-arrest bail granted in the event of arrest; bail bond of Rs. 20,000/- each with surety; appearance before IO within 15 days.

Arifuddin Ahmed @ Arifuddin and 3 Ors. Vs the State of Assam — Cheque Dishonour | Gauhati HC (2020)

¶1

Page No.# 1/3

¶2

GAHC010017072020

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : AB 318/2020

¶5

1:ARIFUDDIN AHMED @ ARIFUDDIN AND 3 ORS. S/O LT. ASIRUDDIN, R/O VILL. MILANNAGAR, SANTIPUR, P.O. BALADMARI, P.S. GOALPARA, DIST. GOALPARA, ASSAM

¶6

2: ABDUL AWAL AHMED @ MANIK ALI S/O ARIFUDDIN AHMED @ ARIFUDDIN R/O VILL. MILANNAGAR SANTIPUR P.O. BALADMARI P.S. GOALPARA DIST. GOALPARA ASSAM

¶7

3: MOKTAR HUSSAIN AHMED @ MUNNA ALI S/O ARIFUDDIN AHMED @ ARIFUDDIN R/O VILL. MILANNAGAR SANTIPUR P.O. BALADMARI P.S. GOALPARA DIST. GOALPARA ASSAM

¶8

4: ROBIYAL HOQUE @ RABIUL ISLAM S/O KHALEK ALI R/O VILL. MILANNAGAR SANTIPUR P.O. BALADMARI P.S. GOALPARA DIST. GOALPARA ASSA VERSUS

¶9

Page No.# 2/3

¶10

1:THE STATE OF ASSAM REP .BY THE PP, ASSAM

¶11

Advocate for the Petitioner : MR. A MANNAF

¶12

Advocate for the Respondent : PP, ASSAM

¶13

BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

¶14

ORDER

¶15

Date : 27-02-2020

¶16

By this application under Section 438 CrPC, petitioners, namely, 1) Arifuddin Ahmed @ Arifuddin, 2) Abdul Awal Ahmed @ Manik Ali, 3) Moktar Hussain Ahmed @ Munna Ali and 4) Robiyal Hoque @ Rabiul Islam, have sought for pre-arrest bail in the event of their arrest in connection with Goalpara PS Case No. 40/2020, under Sections 341/294/326/506/34 IPC

¶17

Heard the learned counsel for both the sides.

¶18

Also perused the record and the Case Diary.

¶19

In their statement, the injured persons have simply mentioned about the marpit between the parties with sharp weapons and hand and nothing has been specifically mentioned as to what sort of sharp weapon and what sort of injury was sustained. The medical report also reveals that they sustained simple injuries on their person. On the other hand, petitioner’s side has also lodged the FIR as regards the same incident, which has also been registered as Goalpara PS Case No. 45/2020, under Sections 341/384/326/34 IPC.

¶20

A matter of mutual assault is reflected for no such serious reason. There was also no previous grudge etc. and such mutual assault was suddenly made by both the parties on certain altercation. Offence of Section 326 IPC is not made out.

¶21

Considering all entirety of the matter, the interim pre-arrest bail granted on 10.02.2020, in respect of petitioner No. 3, Moktar Hussain Ahmed @ Munna Ali, is hereby made absolute and the other accused petitioners, namely, 1) Arifuddin Ahmed @ Arifuddin, 2) Abdul Awal Ahmed @ Manik Ali, and 4) Robiyal Hoque @ Rabiul Islam, are granted pre-arrest bail. In the event of their arrest in connection with the aforesaid case they shall be released on bail on furnishing bail bonds of Rs. 20,000/- each, with one surety each of the like amount to the satisfaction of the arresting authority with

¶22

Page No.# 3/3

¶23

further direction to the petitioners to appear before the IO within a period of 15 days from today and they shall cooperate with the investigation of the case.

¶24

Anticipatory Bail Application stands disposed of.

¶25

Return the Case Diary.

¶26

JUDGE

¶27

Comparing Assistant

Arifuddin Ahmed @ Arifuddin and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Arifuddin Ahmed @ Arifuddin and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bijoy Mahli and 7 Ors. Vs the State of Assam

Dhruba Gogoi @ Dhrubajyoti Gogoi and Anr. Vs the State of Assam

Sohrab Ali and Anr. Vs the State of Assam

Ashan Ali Vs the State of Assam

Bishnu Pasuwan Vs the State of Assam

Mohidul Islam @ Mahidul Islam Vs the State of Assam