The court rejected the petitioner's application for pre-arrest bail under Section 438 Cr.P.C. in a case involving criminal injuries, deeming it not a fit case due to the nature of injuries suffered.
Bail application rejected; case diary returned.
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GAHC010164342022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2389/2022
ABDUL KHALEK @ ABDUL KHALEK BEPARI S/O LATE ABED ALI, R/ O VILL- BAUSMARI, P.S. GAURIPUR, DIST. DHUBRI,ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P A AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
20.09.2022
Heard Mr. P.A. Ahmed, learned counsel for the petitioner as well as Mr. Bhaskar Sarma, learned APP for the State.
Apprehending arrest in connection with Gauripur P.S. Case No. 282/2022,
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under sections 447/354B/326/34 IPC, the petitioner has filed this application under section 438 Cr.P.C.
The learned APP has produced the case diary and has opposed the prayer for bail.
It appears from the case diary that one of the victim, namely, Azrul Hoque, the husband of the informant received deep cut injury of right arm and the informant had received lacerated wound of scalp over occipital area.
It also appears from a copy of order dated 28.07.2022 passed by the Court of learned Additional Sessions Judge, Dhubri in Misc.(Crl.) Case No. 827/2022 that the said victim has been taken to Patna for treatment and the medical examination report reveals that the petitioner suffered fracture of shaft of humerus (right).
However, it appears that the medical report of Patna is not available in the case diary. The injury report also shows that the informant has received simple injury.
As per the Medical Officer, some of the injuries suffered by both the victims are grievous, whereas some of the injured have received simple injuries.
Under such circumstances, in view of the nature of the injuries suffered and the statement made by the witnesses examined, the Court does not find this to be a fit case for enlarging the petitioner on pre-arrest bail.
Accordingly, the prayer for pre-arrest bail is rejected.
Case diary is returned.
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Application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is eligible for pre-arrest bail given the severity of injuries sustained by the victims and the petitioner.
1 provisions across 1 enactments
Abdul Khalek @ Abdul Khalek Bepari
The State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
