In an anticipatory bail application under Section 438 Cr.P.C., the Gauhati High Court refused pre-arrest bail to the petitioners in a murder case, holding that the available evidence did not make them a fit case for such relief.
Pre-arrest bail application rejected; the case diary ordered to be 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.
Page No.# 1/3
GAHC010053972023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
AB/873/2023
HANIF AND ANR S/O SAHEB HUSSEN R/O VILL- KAKRIPARA BEPARIPARA P.S. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR ASSAM
2: BABU MIYA @ BABU DRIVER S/O BHURKE R/O VILL- KAKRIPARA MACHERGAON
P.S. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR ASSAM VERSUS
THE STATE OF ASSAM REP. BY THE PP ASSAM
-----------Advocate for : MR. M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 15.05.2023
Heard Mr. M Ahmed, learned counsel for the petitioners. Also heard Mr. RJ Baruah, learned Addl. Public Prosecutor for the State/respondent.
By this application u/s 438 Cr.P.C. the petitioners, namely, 1. Hanif and 2. Babu Miya @ Babu Driver have prayed for pre-arrest bail apprehending arrest in connection with Mankachar P.S. Case No. 696/2019 registered u/s 120(B)/147/148/326/302 of the IPC.
Case diary is received.
The allegation in the FIR is that on the pretext of a meeting organized by dry-fish merchants, the deceased Abdul Asif, who was the husband of the informant was called by the petitioner No. 1 and two others and when the deceased along with some other people reached the place of meeting, they were assaulted by the FIR named accused persons along with the present petitioners, who were already present at the place of occurrence being armed with various weapons.
On perusal of the post-mortem report, it is revealed that the cause of death of deceased Abdul Asif was due to shock and haemorrhage as a result of head injury caused by blunt object.
Perusal of the 161 and 164 CrPC statements reveals sufficient prima facie incriminating material against the petitioners.
In the backdrop of facts and evidence available on the case diary, this Court is of the opinion that it is not a fit case to grant the privilege of pre-arrest bail to the petitioners.
Accordingly, the pre-arrest bail application stands rejected.
This disposes of the anticipatory bail application.
Return the case diary.
JUDGE
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Comparing Assistant
1 issue framed by the court
Whether the petitioners are entitled to pre-arrest bail under Section 438 Cr.P.C. given the prima facie incriminating material against them?
2 provisions across 2 enactments
HANIF AND ANR
THE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
