Application for anticipatory bail under Section 438 CrPC was rejected. The High Court held that the petitioner was not entitled to bail as she was alleged to have attacked police officers and obstructed them from discharging their duties.
Anticipatory bail prayer rejected; application dismissed.
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GAHC010002632020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 53/2020
1:SELIMA BEGUM
W/O MAHRUM ALI, R/O VILL-UTTAR GALBERA, P.O.-NIZ DEFLI, DISTBAKSA, ASSAM, PIN-781372
VERSUS
1:THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:THE OFFICER-IN-CHARGE TAMULPUR POLICE STATION TAMULPUR DIST-BAKSA ASSA
Advocate for the Petitioner : MS. M DAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 13-02-2020
By this application under Section 438 CrPC, petitioner, namely, Selima Begum, has sought for pre-arrest bail in the event of her arrest in connection with Tamulpur PS Case No. 556/2019, corresponding to GR Case No. 1539/2019, under Sections 143/353/294/307/392 IPC.
Heard the learned counsel for both the sides.
Also perused the record and the Case Diary.
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It was alleged by the Police Officer/informant that on 16.11.2019, he received a phone call intimating to him that one Taizul Ali has been wrongfully detained and assaulted by the villagers of Rangapani. The informant, along with another staff rushed to Rangapani and tried to rescue the detenue, but the villagers along with accused persons, including the petitioner, Selima Begum attacked the Police with arms in their hands, resulting in injuries on their person. Not only that, they had also torn the wearing cloth of the Police and snatched away the official arms from them. The same sort of statement is given by all the witnesses depicting the said picture of attacking the Police on duty and debarring them from discharging their duties, which is, however, not a good sign in the society.
So, taking note of all above, the present petitioner is not entitled to get the privilege of prearrest bail. Accordingly, her bail prayer stands rejected.
Anticipatory Bail Application stands dismissed.
Return the Case Diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an applicant who attacked police in aid of civil power is entitled to anticipatory bail.
1 provisions across 1 enactments
Selima Begum
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
