Allowed

Hajrat Ali Pramanik and 9 Ors. v. the State of Assam

Gauhati HC19 May 2022AB/939/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to ten petitioners in a criminal case involving assault and causing hurt on bond of Rs. 10,000 each. The Court observed that the case diary lacked evidence of joint intention to kill and injuries were simple in nature, making custodial interrogation unwarranted.

What did the court decide?

Pre-arrest bail of Rs. 10,000 each granted to the petitioners, with one surety, and direction to appear before the I.O. within 10 days.

Hajrat Ali Pramanik and 9 Ors. Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010065392022

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

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Case No. : AB/939/2022

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HAJRAT ALI PRAMANIK AND 9 ORS S/O SARIPUDDIN SHEIKH

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R/O VILL- NO. 3 DAWAGURI, P.O. DAWAGURI, P.S. GOSSAIGAON, DIST. KOKRAJHAR, BTR, ASSAM

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2: OMAR ALI S/O LATE AMAN ALI R/O VILL- NO. 3 DAWAGURI P.O. DAWAGURI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM

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3: ASKAR ALI S/O AKBAR ALI R/O VILL- NO. 3 DAWAGURI P.O. DAWAGURI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM

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4: SMINUR ALI S/O OMAR ALI R/O VILL- NO. 3 DAWAGURI P.O. DAWAGURI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM

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5: MOHIBUL ALI S/O OMAR ALI

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Page No.# 2/4

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R/O VILL- NO. 3 DAWAGURI P.O. DAWAGURI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM 6: MOMINUR ALI S/O OMAR ALI R/O VILL- NO. 3 DAWAGURI P.O. DAWAGURI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM 7: KAYSAR ALI S/O AKBAR ALI R/O VILL- NO. 3 DAWAGURI P.O. DAWAGURI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM 8: SMTI. AYSHA BIBI S/O OMAR ALI R/O VILL- NO. 3 DAWAGURI P.O. DAWAGURI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM 9: SMTI. JONEKA BIBI W/O ASKAR ALI R/O VILL- NO. 3 DAWAGURI P.O. DAWAGURI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM 10: SMTI. KASIRAN BIBI D/O KAYSAR ALI R/O VILL- NO. 3 DAWAGURI P.O. DAWAGURI P.S. GOSSAIGAON

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Page No.# 3/4

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DIST. KOKRAJHAR BTR ASSA VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A A R KARIM

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Advocate for the Respondent : PP, ASSAM

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BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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19.05.2022.

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By filing this petition under Section 438 of the CrPC, the ten petitioners namely: Hajrat Ali Pramanik, Omar Ali, Askar Ali, Aminur Ali, Mohibul Ali, Mominur Ali, Kaysar Ali, Aysha Bibi, Joneka Bibi and Kasiran Bibi have sought for pre-arrest bail in connection with the Gossaigaon P.S. Case No.440/2021 (corresponding to G.R. Case No.503/2021), under Sections 120(B)/294/326/307/323/354/34 of the IPC.

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Perusal of the case diary reveals that there is absolutely no supporting evidence that the accused persons conjointly made assault on the informant with the intention to kill him, as alleged in the FIR. Rather than the witnesses have stated that the accused Nos.7—10 of the FIR was the bystanders who were standing near the place of occurrence. The medical report also reveals that the injury sustained by the victim were simple in nature, caused by blunt weapon. Nothing emerges to support the severe allegation made in the FIR.

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Page No.# 4/4

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Considering all above, this Court is of the opinion that custodial interrogation of the accused petitioners is not warranted.

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Resultantly, the accused/petitioners named above are allowed to go on pre-arrest bail of Rs.10,000/- each, with one surety of like amount, in the event of their arrest by the arresting officer in connection with the afore-noted Gossaigaon P.S. Case No.440/2021, with direction to the petitioners to appear before the I.O. within 10 days from today, to record their statement and they will cooperate with the investigation of the case.

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The bail petition stands disposed of.

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Return back the case diary forthwith.

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JUDGE

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Comparing Assistant

Hajrat Ali Pramanik and 9 Ors. v. the State of Assam

Case brief

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Hajrat Ali Pramanik and 9 Ors. v. the State of Assam

Case brief

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