The Gauhati High Court rejected a petitioners application for pre-arrest bail under Section 438 Cr.P.C. in a murder case involving assault with weapons causing death, finding sufficient incriminating material in police statements to refuse bail.
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GAHC010053972023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/926/2023
ABDULLA AND 3 ORS
S/O- LATE YUNUS ALI BEPARI, R/O- VILL- KAKRIPARA BEPARIPARA, P.S. MANKACHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM
2: NAZIM MANDAL S/O- JEHAR MANDAL R/O- VILL- KAKRIPARA BEPARIPARA P.S. MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM
3: BHELU MIYA @ RAKHIBUL MONDAL @ VELU S/O- NAZIM MONDAL @ BEPARI R/O- VILL- KAKRIPARA BEPARIPARA P.S. MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM
4: HASEN ALI S/O- SAHEB HUSSEN R/O- VILL- KAKRIPARA BEPARIPARA P.S. MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSA VERSUS
THE STATE OF ASSAM REP. BY THE P.P., ASSAM
Advocate for the Petitioner : MR. M AHMED
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Advocate for the Respondent : PP, ASSAM
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. Abdulla, 2. Nazim Mandal, 3. Bhelu Miya @ Rakhibul Mondal @ Velu and 4. Hasen Ali 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 one Hanif 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.
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Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to petitioners apprehending arrest in connection with a murder case.
1 provisions across 1 enactments
Abdulla and 3 Ors
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
