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GAHC010195032021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3843/2021 MD. SHIRAJ UDDIN AND 10 ORS S/O LATE KASEM ALI R/O VILL- 2 NO. BHATIAKHALI, P.S. RUPAHIHAT, DIST. NAGAON, ASSAM
2: MD. HARJAT ALI @ HAJRAT ALI C/O LT. KASEM ALI R/O VILL- 2 NO. BHATIAKHALI P.S. RUPAHIHAT DIST. NAGAON ASSAM
3: MD IBRAHIM ALI S/O HARJAT ALI @ HAJRAT ALI R/O VILL- 2 NO. BHATIAKHALI P.S. RUPAHIHAT DIST. NAGAON ASSAM
4: MD. BABUL HUSSAIN @ BABUL ISLAM S/O SHIRAJ UDDIN R/O VILL- 2 NO. BHATIAKHALI P.S. RUPAHIHAT DIST. NAGAON ASSAM
5: MD. BULBUL HUSSAIN @ KHAIRUL ISLAM S/O SHIRAJ UDDIN R/O VILL- 2 NO. BHATIAKHALI P.S. RUPAHIHAT DIST. NAGAON ASSAM
6: NAJIMA KHATUN W/O SHIRAJ UDDIN R/O VILL- 2 NO. BHATIAKHALI P.S. RUPAHIHAT DIST. NAGAON ASSAM
7: MUSST. AISHA BANU @ AYSHA KHATUN W/O HARJAT ALI @ HAJRAT ALI R/O VILL- 2 NO. BHATIAKHALI P.S. RUPAHIHAT DIST. NAGAON ASSAM
8: NAJIMA KHATUN W/O BULBUL HUSSAIN @ KHAIRUL ISLAM R/O VILL- 2 NO. BHATIAKHALI P.S. RUPAHIHAT DIST. NAGAON ASSAM
9: HAFIJA KHATUN @ HAFIJA BEGUM W/O IBRAHIM ALI R/O VILL- 2 NO. BHATIAKHALI P.S. RUPAHIHAT DIST. NAGAON ASSAM
10: SULEHA KHATUN @ SULEMAN KHATUN @ SULEMA BEGUM W/O SANMIYA R/O VILL- 2 NO. BHATIAKHALI P.S. RUPAHIHAT DIST. NAGAON ASSAM
11: NUR BANU W/O MOTIBUR RAHMAN D/O HARJAT ALI @ HAJRAT ALI R/O VILL- 2 NO. BHATIAKHALI P.S. RUPAHIHAT DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
['M A SHEIKH', '', 'F INTAZ', 'K U AHMED', 'PP', 'ASSAM']
ORDER
07.03.2022 Heard Mr. M.A.Sheikh, learned counsel for the petitioners. Also Heard Mr. K.K.Parasar, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely, (1)Md. Shiraj Uddin (2) Md. Harjat Ali @ Hajrat Ali (3)Md. Ibrahim Ali (4) Md. Babul Hussain @ Babul Islam (5) Md. Bulbul Hussain @ Khairul Islam (6) Najima Khatun (7) Musst. Aisha Banu @ Aysha Khatun (8) Najima Khatun (9) Hafija Khatun @ Hafija Begum (10) Suleha Khatun @ Sulema Khatun @ Sulemd Begum and (11) Nur Banu, apprehending their arrest in connection with Rupahihat P.S. Case No. 698/2021 registered u/s 147/148/149/447 /324/325/326/307 of the IPC. The F.I.R of Rupahihat P.S.Case No.698/2021 reveals the allegation that on 28.10.2021 at about 2 A.M. the petitioners illegally trespassed into the land of the informant and tried to construct a house. When the informant and his elder brothers resisted, the accused persons assaulted them with dao, lathi etc. with an intention to kill them.
The injury reports of injured Ali Hussain shows that he sustained grievous injury caused by blunt weapon, Jaban Ali received multiple grievous injuries caused by sharp weapon, Abdul Subhan sustained grievous injury caused by blunt weapon; Aktor Ali received simple injuries caused by blunt and sharp weapons; Abdul Motin sustained multiple grievous injuries caused by blunt weapon and Nurul Islam sustained laceration wound.
The F.I.R. of Rupahihat PS Case No. 699/2021, on the other hand, reveals the allegation that on 28.10.2021 at about 8 A.M. the accused persons named therein illegally trespassed into the house of the informant and broke down the newly constructed house. When the informant resisted, the accused persons assaulted him and his family members with dao, iron rod, stick, sharp weapons etc. causing injuries on their persons.
Later on, the injured persons were taken to the hospital for treatment. In the aforesaid case, it is noticed that 5(five) persons sustained injuries out of which one received grievous injury caused by blunt weapon and three others sustained simple injuries caused by blunt weapons while one received simple injuries caused by sharp object.
A perusal of the case diaries reveal that a dispute arose between both the parties regarding raising of a house on a plot of disputed land by the informant’s side of Rupahihat PS Case No. 698/2021 and thereupon, the petitioners being armed with deadly weapons like dao, sticks etc. resisted and assaulted them. In the aforesaid incident both parties sustained injuries as stated above. It is a case involving many persons of both sides and investigation is yet to be completed. Therefore, this Court is of the view that if the privilege of pre-arrest bail is granted to the petitioners the statutory right of the police to conduct a fair and hindrance free investigation is likely to be prejudiced.
Therefore, this Court finds it not a fit case to grant the privilege of pre-arrest bail to the petitioners and accordingly, the petition stands dismissed.
Return the case diary.
This disposes of the anticipatory bail application.
