An anticipatory bail application under Section 438 CrPC was rejected. The Court found incriminating materials in the Case Diary regarding grievous injuries caused by sharp weapons, holding no ground for granting bail.
Application for anticipatory bail rejected; disposed of in terms; Case Diary sent back.
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GAHC010104062024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1360/2024
HAFIZUR @ HAFIZUR RAHMAN AND ANR. S/O LATE NOSIOD SK., R/O VILL- CHOTO KAZIRGAON, P.S.-SUKCHAR, DIST-SOUTH SALMARA MANKACHAR (ASSAM)
2: HOSSEN @ HOSSEN ALI S/O LATE NOISIOD SK. R/O VILL- CHOTO KAZIRGAON P.S.-SUKCHAR DIST-SOUTH SALMARA MANKACHAR (ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : M HOSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 18-06-2024
Heard Mr. M. Hossain, learned counsel for the petitioners 1. Hafizur @ Hafizur Rahman and 2. Hossen @ Hossen Ali, who have filed this application
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under Section 438 of the Code of Criminal Procedure, 1973 with a prayer for pre-arrest bail as they are apprehending arrest in connection with Sukchar Police Station Case No. 12/2024 under Sections 143/148/341/326/307 of the Indian Penal Code, 1860 (G.R. Case No. 82/2024).
JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest under the Indian Penal Code.
Whether the incriminating materials in the Case Diary justify the denial of anticipatory bail.
2 provisions across 2 enactments
Hafizur @ Hafizur Rahman and Another
The State of Assam represented by the Public Prosecutor, Assam
Susmita Phukan Khaund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
