This anticipatory bail petition under Section 438 CrPC was dismissed. The Court, finding the petitioners complicit in the assault leading to death of victims, held it was not a fit case to grant pre-arrest bail.
Prayer for pre-arrest bail rejected.
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GAHC010033142022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/548/2022
MD. SATTAR ALI @ ATUWAR RAHMAN @ ABDUL SATTAR AND ANR SON OF LATE KHAKIR UDDIN
R/O PALHAJI, P.S. BARPETA, DIST. BARPETA, ASSAM, PIN CODE- 781309
2: MD. ABDUL AWAL SON OF LATE BILLAL HUSSAIN R/O PALHAJI P.S. BARPETA DIST. BARPETA ASSAM PIN CODE- 78130
VERSUS
THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM, GUWAHATI-781001
Advocate for the Petitioner : MR G BORDOLOI
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
12.05.2022
By way of this bail application filed under Section 438 CrPC, petitioners, namely, 1) Md Sattar Ali @ Atuwar Rahman @ Abdul Sattar and 2) Md Abdul Awal, have sought for pre-arrest bail in the event of their arrest in connection with Barpeta PS Case No. 2191/2021, under SectionsO120(B)/147/148/447/325/379/302mIPC (GR Case No.
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5138/2021).
Heard the learned counsel for both the parties.
Also perused the record and the Case Diary.
The husband of the informant and her brother-in-law was assaulted by a mob gathering, the names of which have been mentioned in the FIR, which includes the names of the present petitioners also. Both the victims were brutally assaulted by sharp weapons, as a result of which, they died.
The IO in his report has raised objection against the bail prayer made by the present petitioners, finding their complicity with the offence alleged.
Considering the materials on record, and the complicity of the petitioners with the offence alleged, this Court is of the opinion that it is not a fit case to grant the privilege of pre-arrest to the present petitioners and accordingly, their prayer for pre-arrest bail stands rejected.
Anticipatory Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to petitioners charged with grievous offences including murder.
Whether the complicity of the petitioners in the alleged assault and death of victims negates pre-arrest bail.
1 provisions across 1 enactments
MD. SATTAR ALI @ ATUWAR RAHMAN
MD. ABDUL AWAL
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
