Interim bail sought by petitioner under Section 438 CrPC in an IPC case involving scuffle and injury. Court held custodial detention unwarranted as injury was bailable and no evidence of outraging modesty. Made interim bail absolute.
Interim bail granted earlier to the petitioners is hereby made absolute.
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GAHC010099072021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1842/2021
AZAD HUSSAIN AND ANR.
S/O ABDUL KARIM, R/O VILL. LALCHERA BASTI, P.S. RATABARI, P.O. FANAIRBOND, DIST. KARIMGANJ, PIN 788737, ASSAM.
2: AYATULLAH S/O LATE RAYAB ALI R/O VILL. LALCHERA BASTI P.S. RATABARI P.O. FANAIRBOND DIST. KARIMGANJ PIN 788737 ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 05-01-2022
By filing this petition under Section 438 CrPC, the petitioners, namely- Azad Hussain and Ayatullah has sought for pre-arrest bail in connection with Ratabari Police
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Station Case No.144/2021, registered under Section 447/294/354/325/379/34 of the IPC. Heard the learned counsel for the petitioner as well as the learned Addl. Public Prosecutor representing the State. Also perused the case diary and the documents annexed thereto.
It appears that the charge-sheet has already been filed in respect of Ratabari PS Case No. 144/2021 filed by the petitioner side and the case diary of Ratabari Ps Case No. 142/2021 is received. It reveals from the case diary that there was certain altercation between the parties, which followed by some scuffle between the parties, as a result of which, they sustained injury in their persons. There is however no evidence as regards the outraging modesty of victim woman/informant within the purview of section 354 of the IPC.
Injury sustain is simple and grievous in nature and caused by blunt object as per the medical report, which is bailable.
In view of above, this Court is of the opinion that the custodial detention of the present petitioner is not warranted. Accordingly, interim bail granted earlier to the present petitioners is hereby made absolute.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioners on the facts of the alleged scuffle.
Whether the injury sustained in the altercation warrants custodial detention.
2 provisions across 2 enactments
AZAD HUSSAIN AND ANR.
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
