Pre-arrest bail can be granted under Section 438 of the Code of Criminal Procedure, but the court must consider the facts and circumstances of the case and determine whether it is a fit case for granting bail.

JUDGMENT :

Ajit Borthakur, J.

1. Heard Mr. H.R.A. Choudhury, learned Sr. counsel appearing for the petitioners. Also heard Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

2. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely 1) Abdul Khalique @Khalique Mia 2) Ziadul Islam @Labu Ahmed and 3) Ajadul Islam @Laku Ahamed apprehending arrest in connection with Karimganj P.S. Case No. 217/2021 u/s 120B/458/326/307 of the IPC added Section 302 of the IPC.

3. The Case diary, as called for, is placed before the Court.

4. It may be mentioned that by order, dated 19.07.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner No. 1 subject to conditions.

5. Mr. H.R.A. Choudhury, learned Sr. counsel appearing for the petitioner, submits that the petitioner No. 1 is aged about 70 years and by profession is a petty businessman who is running a grocery shop along with his brother, petitioner No. 3 and the petitioner No. 2 is a Dentist by profession. Mr. Choudhury emphatically submits that they are innocent and falsely implicated in the case. According to Mr. Choudhury, the petitioners and the victim are neighbours and they are unnecessarily suspected to be involved in the alleged incident.

6. Per contra, Mr. K.K. Parasar, learned Addl. Public Prosecutor, submits that the post-mortem report and the death certificate reveal that the victim died due to multiple injuries caused by blunt force impact and that there is implicating materials against the petitioners.

7. The FIR reveals the allegation that on 21.02.2021 at about 4 p.m., an altercation took place between the FIR named accused persons and the son of the informant namely Bachuu Choudhury relating to some measurement of Master Drainage Scheme. On the same day at about 10 p.m. the accused persons also threatened the victim to kill him. On 22.02.2021 at about 10.30 p.m., the accused persons armed with weapons illegally entered into the house of the informant and assaulted him causing grievous injuries. On hearing hue and cry the nearby people gathered and immediately, the injured victim was shifted to hospital for treatment.

8. On perusal of the case diary, it is revealed that in terms of the interim pre- arrest bail order, dated 19.07.2021, the petitioner No. 1 has appeared before the investigating officer and has given his statement u/s 161 Cr.P.C.

9. However, on scrutiny of the various statements of the witnesses u/s 161 Cr.P.C., it is revealed that the petitioners and their associates assaulted the victim Bacchu Choudhury over a dispute relating to measurement of a road and as a result he succumbed to his injuries after some days of the said incident. The investigation is yet to be completed.

10. Therefore, this Court is of the opinion that it is not a fit case to grant the privilege of pre-arrest bail to the petitioners.

11. Accordingly, the pre-arrest bail application stands rejected.

12. The interim pre-arrest bail order dated 19.07.2021 stands vacated.

13. Return the case diary.

14. This disposes of the anticipatory bail application.