The Gauhati High Court rejected an application for anticipatory bail under Section 438 Cr.P.C. The court held that the case involving specific allegations of throwing a victim from a building and the severity of injuries was not a fit case for anticipatory bail.
Prayer for anticipatory bail dismissed; case diary returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010101422023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1721/2023
AKBAR ALI S/O NAZIR UDDIN VILL- PANIKHAITI CHAR P.S. SUALKUCHI DIST. KAMRUP, ASSAM PH. NO. 8638381728
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S I BORA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 18.07.2023
Heard Mr. S. I. Bora, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State.
This is an application under Section 438 of the Code of Criminal Procedure, 1973 filed by the petitioner, namely, Akbar Ali who is apprehending his arrest in
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connection with Hatigaon Police Station Case No. 59/2023 under Sections 325/307/34 of IPC.
The accusation against the present petitioner is that one Hasem Ali lodged an FIR before the Officer-in-Charge of Hatigaon Police Station on 10.02.2023, inter alia, alleging that his daughter was married to one Gamcher Ali about two years prior to the lodging of the FIR. However, owing to the matrimonial differences, his daughter divorced the accused No. 1 and used to reside separately doing her door to door work. It is alleged in the FIR that on 09.02.2023 at about 4.00 p.m. when the daughter of the first informant was doing her work in the house of Gais Uddin situated at Ghoramara, Hatigaon, the present petitioner along with the husband of the victim indulged in quarrel and they threw her from the third floor of the RCC building and thereafter fled away. On receipt of the said FIR, Hatigaon P.S. Case No. 59/2022 was registered.
Learned counsel for the petitioner has submitted that on the fateful day, the petitioner met the daughter of the first informant as well as Gamcher Ali. However, he left that place and whatever has happened had actually happen in between the Gamcher Ali and his wife and he is not involved in the offence alleged against him.
On the other hand, leaned Additional Public Prosecutor have placed the case diary which was called for in connection with this case.
I have perused the case diary.
Leaned Additional Public Prosecutor also submits that the victim has in her statement under Section 161 Cr.P.C. given to the Investigating Officer implicated the present petitioner along with her husband alleging that both of them threw her from the third floor of the RCC building. The owner of the RCC building has also implicated the present petitioner. Leaned Additional Public Prosecutor has also pointed out that from the injury report which is available in the case diary, it
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appears that the injuries sustained by the victim are grievous in nature.
Considering the nature of injuries sustained by the victim and as well as incriminating materials against the present petitioner, this Court is of the considered opinion that the present case is not a fit case to grant an order under Section 438 Cr.P.C. in favour of the present petitioner.
Accordingly, prayer for anticipatory bail is hereby dismissed.
Let the case diary be returned back.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the present case is a fit case to grant an order of anticipatory bail under Section 438 Cr.P.C. considering the nature of injuries against the victim.
Whether the petitioner's claim of non-involvement in the alleged offence warrants the grant of anticipatory bail.
Whether the case diary and victim's statement provide sufficient incriminating material against the petitioner to reject the bail application.
2 provisions across 2 enactments
Akbar Ali
The State of Assam
Mridul Kumar Kalita
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
