The Gauhati High Court rejected a pre-arrest bail application under Section 438 Cr.P.C., holding that the prima facie evidence led by the incident made it an unfit case for granting bail to the petitioner facing charges of murder and affray.
Pre-arrest bail application of the petitioner is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010106712021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1660/2021
HANIF ALI S/O MOFIZUDDIN RESIDENT OF CHAKRAGAON PO AND PS DALGAON DIST DARRANG ASSAM VERSUS
THE STATE OF ASSAM REPRESENTED BY PP ASSAM
-----------Advocate for : MR A ALI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 10.08.2021
Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State/respondent.
By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Hanif Ali , has prayed for granting pre-arrest bail, apprehending
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his arrest in connection with Dalgaon P.S. Case No. 281/2021 under Sections 147/148/149/506 of the IPC added Sections 447/448/325/326/302 of the IPC.
The case diary, as called for, is placed before this Court.
The prosecution case is that on 23.05.2021, an FIR was lodged alleging inter-alia that while informant’s son was returning back home, the FIR named accused persons equipped with dao, stick, spear with an intention to kill his son chased him and his son somehow saved his life by taking shelter in the house of one Gajiur Rahman. Later, on the same day, another FIR was lodged stating that there was a land dispute between the informant and the FIR named accused persons and the accused openly declared that they would kill his family. After learning the same, the informant reported the matter to Dalgaon Police Station. Thereafter, the accused persons armed with deadly weapon attacked his father Nurul Islam and his father succumbed to his injuries.
On perusal of the post-mortem report, it is seen that the death of the deceased Nurul Islam was due to coma as a result of head injuries and ante-mortem in nature. In the aforesaid incident, several other persons were also injured.
The case diary reveals clear prima facie incriminating evidence against the petitioner, subject, of course, to final outcome in the investigation. This Court is of the opinion that in the backdrop of facts and evidence so far collected leading to the outbreak of the aforesaid incident, it is not a fit case to grant the privilege of pre-arrest bail to the petitioner.
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Accordingly, the pre-arrest bail application of the petitioner stands
rejected.
Return the case diary.
This disposes of the anticipatory bail application.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petition for pre-arrest bail under Section 438 Cr.P.C. should be allowed given the prima facie incriminating evidence and severity of the offence.
Whether the case qualifies as a fit case for granting pre-arrest bail in connection with Sections 147, 148, 149, 506 IPC and added Sections 447, 448, 325, 326, 302 IPC.
Whether the death of the deceased and the nature of injuries justify rejection of the bail application.
1 provisions across 1 enactments
HANIF ALI S/O MOFIZUDDIN
THE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
