Allowed

Allaudin and 4 Ors. v. the State of Assam

Gauhati HC7 Dec 2022AB/3029/2022

Case brief

AI extract

What is this about?

This single judge order granted pre-arrest bail to five petitioners accused of murder and poisoning. Justice Choudhury held that custodial interrogation was unnecessary absent the forensic report on cause of death after over three months, without prejudice to further investigation if charges were framed.

What did the court decide?

Release on pre-arrest bail on furnishing a bail bond of Rs. 40,000/- each with one local surety, subject to standard conditions of co-operation.

Allaudin and 4 Ors. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2022)

¶1

Page No.# 1/6

¶2

GAHC010210372022

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : AB/3029/2022

¶5

ALLAUDIN AND 4 ORS S/O- JAMTULLAH, RESIDENT OF VILL.- NAGAON SEAT BECHAMARI, P.S.- DALGAON, DIST- DARRANG, ASSAM, PIN- 784514.

¶6

2: ANJURA KHATUN D/O- ALAUDDIN RESIDENT OF VILL.- NAGAON SEAT BECHAMARI P.S.- DALGAON DIST- DARRANG ASSAM PIN- 784514. 3: PINKI D/O- ALAUDDIN RESIDENT OF VILL.- NAGAON SEAT BECHAMARI P.S.- DALGAON DIST- DARRANG ASSAM PIN- 784514. 4: BALAUDDIN S/O- JAMTULLAH RESIDENT OF VILL.- NAGAON SEAT BECHAMARI P.S.- DALGAON DIST- DARRANG ASSAM PIN- 784514. 5: AIBHANU W/O- ALAUDDIN RESIDENT OF VILL.- NAGAON SEAT BECHAMARI P.S.- DALGAON

¶7

Page No.# 2/6

¶8

DIST- DARRANG ASSAM PIN- 784514 VERSUS

¶9

THE STATE OF ASSAM REP. BY PP, ASSAM.

¶10

Advocate for the Petitioner : MR. M U MAHMUD

¶11

Advocate for the Respondent : PP, ASSAM

¶12

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶13

ORDER

¶14

Date : 07-12-2022

¶15

Heard Mr. M.U. Mahmud, learned counsel for the petitioners and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State of Assam.

¶16

By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioners viz. [1] Allaudin, [2] Anjura Khatun, [3] Pinki, [4] Balauddin and [5] Aibhanu have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Dalgaon Police Station Case no. 333/2022, registered for offences punishable under Sections 365/328/302/34, Indian Penal Code [IPC].

¶17

In the list of 6 [six] accused persons given in the First Information Report [FIR], the five petitioners are arraigned as accused no. 2 [A-2], accused no. 3 [A-3], accused no. 4 [A-4], accused no. 5 [A-5] and accused no. 6 [A-6] respectively. The accused no. 1, Meser Ali was arrested on 13.09.2022.

¶18

Page No.# 3/6

¶19

The First Information Report [FIR] was lodged by one Kasem Ali on 10.09.2022. In the FIR, the informant, has inter alia stated that when his niece, Rehena Parbin being a student of 4^th Semester, had gone to her college, Kharupetia College by riding the scooty, at about 04-00 p.m. on that day, the accused no. 1 along with few of his friends took her to his residence. At the residence of the accused no. 1, his relatives i.e. the present petitioners had allegedly assaulted her and made her to consume poison. As a result, her health condition deteriorated and the victim had to be admitted at Kharupetia Hospital. After treatment, the victims elder brother took her home but her health condition continued to deteriorate. Thereafter, the victim was treated at different hospitals at Mangaldai, Guwahati and Tezpur. When she was under treatment at B.J. Hospital at Tezpur, she breathed her last on 10.09.2022.

¶20

4.1. The petitioner no. 1 [A-2] and the petitioner no. 5 [A-5] are the father and mother of the accused no. 1 respectively. The petitioner no. 2 [A-3] and the petitioner no. 3 [A-4] are the sisters of the accused no. 1 whereas the petitioner no. 4 [A-5] is the uncle of the accused no. 1.

¶21

Learned Additional Public Prosecutor producing the case diary, has submitted that in the Post-Mortem Examination [PME] Report, the final opinion regarding cause of death of the victim has been kept pending till receipt of the report of viscera from the Forensic Science Laboratory [FLS], Assam. In view of non-availability of the chemical analysis report of viscera from the FSL, Assam specifying the cause of death, the learned Additional Public Prosecutor has opposed the prayer for bail.

¶22

5.1. The post-mortem examination on the dead body of the deceased was conducted on 11.09.2022 at Mangaldai Civil Hospital. As per the PME Report, no

¶23

Page No.# 4/6

¶24

injury and no ligature mark were seen on the dead body. The viscera was sent for chemical analysis to the FSL on 27.09.2022 and the same was duly received at the FSL on 28.09.2022. But till date, the chemical analysis report on viscera from the FSL has not been received.

¶25

5.2. The materials in the case diary includes a discharge certificate issued by the Guwahati Medical College & Hospital [GMCH] in respect of the victim. From the said discharge certificate, it is noticed that the victim was admitted at the GMCH on 17.07.2022 and was discharged on 30.07.2022. The discharge certificate reported alleged history of paraquat ingestion. While discharging the victim from the GMCH, she was advised conservative treatment with remark that her condition had improved.

¶26

5.3. As per the medical certificate of death issued by the B.J. Hospital, Tezpur, on 10.09.2022, the deceased died due to cardio respiratory failure. It was remarked that antecedent causes might be poisoning with pain abdomen. From the FIR, it is reflected that the alleged meeting of the deceased with the members of the family of the accused no. 1 i.e. the petitioners was only on one occasion, that is, on 15.07.2022. The informant has not reported about any further meeting of the victim with the present petitioners, subsequent to 15.07.2022. The deceased had expired after more than 1 ½ months from 15.07.2022 on 10.09.2022. Thus, there appears to be substantial time gap between the alleged date of administration of poison and the death of the victim.

¶27

Taking note of the afore-mentioned facts and circumstances obtaining in the case and the non-availability of the chemical analysis report on viscera for more than 3 months from the FSL identifying the cause of death of the victim, this Court is of the considered view that custodial interrogation of the petitioners

¶28

Page No.# 5/6

¶29

for the purpose of carrying out further investigation of the case is not necessary and their release on pre-arrest bail, at this stage of investigation, is not unlikely to bring any adverse effect in the further investigation of the case, provided the petitioners continue to extend their assistance and co-operation in the further investigation of the case.

¶30

Accordingly, it is provided that in the event of arrest of the petitioners in connection with Dalgaon Police Station Case no. 333/2022, they shall be released on bail on furnishing a bail bond of Rs. 40,000/- each with one local surety of the like amount each to the satisfaction of the arresting authority, subject to the conditions that :

¶31

[i] the petitioners shall appear before the Investigating Officer [I.O.] of the case within 10 [ten] days from today and shall cooperate with the investigation and shall thereafter, make themselves available as and when their presence is required by the I.O. in the investigation of the case;

¶32

[ii] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and

¶33

[iii] the petitioners shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

¶34

[iv] the petitioners shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the commission of which he is suspected; and

¶35

[v] the petitioners shall regularly remain present during the trial and co-

¶36

Page No.# 6/6

¶37

operate the Court to complete the trial for the above offences, if charge sheeted in the case.

¶38

The bail application is disposed of in the aforesaid terms.

¶39

JUDGE

¶40

Comparing Assistant

Allaudin and 4 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Allaudin and 4 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rabbul HUDA Vs the State of Assam

Omar Ali Ahmed and 2 Ors. Vs the State of Assam

Imran Hussain and Anr. Vs the State of Assam

Ambika Basumatary @ Ambrika Basumuatariy Vs the State of Assam and Anr.

Anil Kr Sah and Anr. Vs the State of Assam

Abdul Malik Barbhuyan @ Abdul Manik Vs the State of Assam