Justice Pathak rejected a bail application filed by Eusufuddin Ahmed in a murder case. Finding sufficient material against the accused, who admitted arriving at the scene after a traffic accident, the bench held that he was not entitled to release.
Bail application stands rejected.
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GAHC010124922020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1826/2020
EUSUFUDDIN AHMED
S/O DHANACHA TALUKDAR, R/O VILL. MOKHONIA, P.S. HAJO, DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
18/11/2020
Heard Mr. Rajib Sharma, learned counsel for the petitioner and Mr. Nava Kumar Kalita, learned Additional Public Prosecutor, Assam for the State.
This application under Section 439 Cr.P.C. has been filed by the petitioner, namely, Eusufuddin Ahmed @ Eusuf Ali, seeking bail in connection with G.R. Case No. 601/2020 arising out of Hajo P.S. Case No. 480/2020 in which he was arrested on 25.05.2020 and since then he is in custody.
In the said Hajo P.S. Case No. 480/2020 police after investigating the case, submitted the charge sheet on 21.08.2020 vide Charge Sheet No. 297/2020. Petitioner is one of the charge sheeted accused in the said Hajo P.S. Case No. 480/2020 registered under Sections 120(B)/302/269/270 IPC.
Prior to the filing of the charge sheet in the case, petitioner along with two others approached this Court for bail in the said Hajo P.S. Case No. 480/2020 and the Court on perusal of the
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case diary, by its order dated 13.08.2020 passed in Bail application No. 1262/2020, rejected the prayer for bail of the petitioner.
After submission of the charge sheet in the case on 21.08.2020 noted above, the petitioner approached the Court of Sessions Judge, Kamrup, Amingaon in B.A. case No. 297/2020 for his bail in the said Hajo P.S. Case No. 480/2020. Learned Additional Sessions Judge, Kamrup, Amingaon on perusal of the LCR and the case diary, finding sufficient materials against the petitioner, by order dated 03.09.2020 passed in B.A. Case No. 297/2020 rejected his bail. Hence this application by the petitioner.
Petitioner contended that allegations levelled against him are false and fabricated, he was merely a bystander and spectator of the case and that he being a victim of the circumstances is no way involved in the alleged crime.
Petitioner also contended that he is the sole bread earner of his family consisting of his old parents, his wife and minor children as well as two physically challenged dumb brothers in their families. Moreover, his wife as well as his sister-in-law delivered baby recently and in his absence, his entire family members are suffering immensely.
Petitioner submitted that he shall comply with all such terms and conditions that may be imposed by the Court and prayed to release him on bail, enabling him to prepare his defence so as to face the trial of the case.
From the Post Mortem Report of the deceased dated 24.05.2020, it is seen that in his scalp there was contusion on its left side as well as on the left temporalis muscle. Moreover, there was a vertical linear fracture, measuring about 4 cm in length, in the left temporal bone of his scalp. Further, in his membrane, subdural and subarachnoid hemorrhage were found present over both the cerebral hemispheres. His brain, heart as well as pericardium were found congested and the chambers of his heart were found containing liquid and clotted blood.
In the said Post Mortem Report of the deceased dated 24.05.2020, the Doctor opined that the death of the deceased was due to coma as a result of injuries sustained over his head as noted above, where all the injuries were ante-mortem in nature, that were caused by blunt force impact. The said report also specified that the death of the deceased was 12 to 24 hours prior to his PostMortem examination.
It is seen from the records of the case that on the date of the incident on 22.05.2020 when
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the victim was returning home around noon in his bicycle, two persons, namely, Khabiruddin Ahmed and Abdul Jalil riding in a motor bike while coming from the opposite direction met with a road traffic accident with the cycle of the victim and all of them fell down on the road. The riders of the motor bike in their mobile phone called the petitioner and other persons to the place of occurrence and the petitioner accordingly arrived at the place of occurrence. Both the riders of the motor bike were sent to the Civil Hospital at Hajo in a Maruti Alto vehicle bearing registration No. AS-01-DP-8379 driven by one Md. Mohsan Ali who reached the place of occurrence after the said incident. After those two riders of the motor bike were sent for hospital, the case record reveals that the petitioner in his mobile phone talked to someone and called him to the place of occurrence. Thereafter, other accused of the case, Md. Faijul Haque @ Dali reached the place of occurrence and he enquired about the riders of the bicycle. The petitioner then pointed out the victim, rider of the bicycle, who was still standing in the place of occurrence. Case record reveals that the petitioner and the said accused Dali and other accused persons assaulted the victim in which he sustained injuries and fell down on the road. Case record also reveals that though people nearby poured water on him, he did not regain his senses and was sent to GNRC, North Guwahati by 108 Ambulance where the victim succumbed to his injuries on the next date of the incident i.e., on 23.05.2020.
Nagen Deka, father of the victim Sonatan Deka lodged the FIR on 23.05.2020 before the Hajo Police Station which was accordingly registered as Hajo P.S. Case No. 480/2020.
Though charge sheet in the case has been submitted, prosecution witnesses including the official witnesses are yet to be examined.
Considering the materials in the case record, this Court is of the view that petitioner, a named accused in the charge sheet, is not entitled for his release on bail in said Hajo P.S. Case No. 480/2020 corresponding to G.R. Case No. 601/2020 registered under Sections 120(B)/302/269/270 IPC.
Accordingly, this bail application of the petitioner in the said Hajo P.S. Case No. 480/2020 stands rejected.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to bail in a grave murder case charging conspiracy and murder.
1 provisions across 1 enactments
Eusufuddin Ahmed
The State of Assam
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
