ORDER

Date : 23-09-2022 Heard Mr. K. Boruah, learned counsel for the petitioner as well as Mr.

Bhaskar Sarma, learned APP for the State.

The petitioner, namely, Mohsin Hussain, who is apprehending arrest in connection with Golaghat P.S. Case No. 218/2022, under section

342/325/326/506 I.P.C., has filed this application under section 438 Cr.P.C., for pre-arrest bail.

The learned APP has produced the case diary and has opposed the prayer for bail.

The learned counsel for the petitioner has submitted that there was a delay in filing of the FIR and moreover assuming that the petitioner had assaulted the victim, it would be best be a case covered by section 325 IPC which is otherwise a bailable offence. It is submitted that case has been manufactured to include offence under section 120B read with section 27(2) of the Arms Act.

On perusal of the case diary, it appears that on 19.08.2022, while the petitioner, who is a Gym instructor was returning home from Gymkhana at Golaghat, he was approached by the petitioner and wanted him to come along to see a dog puppy. The unsuspecting informant had accompanied the petitioner to his house where he was detained and severely assaulted with the help of his two friends. It is also alleged in the FIR that two SIM cards were taken away and his phone was formatted and returned. The investigation further reveals that the informant was severely assaulted and the petitioner had pointed out a small fire arm (pistol) to his mouth and chest and one round of bullet was fired inside the closed room to intimidate the victim.

The investigation also reveals that there were several complaints in the Gymkhana club regarding the petitioner’s conduct and the informant had suspected that the informant had made such complaint. Therefore, he was brought to his home and assaulted.

On a perusal of the statement of the victim recorded under section 164 Cr.P.C., the description and manner of the torture committed upon the informant appears to be horrendous. The photograph of the victim, which is a part of the case diary, reveals a high degree of brutality in inflicting the injuries on the victim/informant.

The nature of injuries described in the injury report are as follows:

1. Extensive pattern abrasion with bruise over left side of back extending from infrascapular region to left gluteal region vertically and left axillary margin to spinal groove horizontally. The injury is extensive in size and is in the back subscapular region to guctcal region left side.

The injury is simple in nature caused by blunt object and is fresh.

2. Pattern abrasion right side of back extending from renal angle to lumbar region multiple in numbers which is 10cm X 2.5cm (approx)

which is in the renal angle to lumbar region right side and is simple in nature cause by blunt object and is fresh.

3. Pattern abrasion with laceration and bruise left elbow joint, lateral aspect 3cm X 1cm X 0.2cm pattern abrasion (3 in no.) left arm 8 cm X

2 cm (approx) which is 3cm X 1cm X 0.2cm (approx) which is in the left upper limb and is simple in nature caused by blunt object and is fresh. 4. Bruise with swelling over right hand with forearm and is in diffuse swelling and is in right upper limb which is a grievous injury caused by blunt object and is fresh.

5. The X-ray of the right hand discloses fracture at the neck of the second metacarpal bone with associated soft tissue swelling which is a grievous injury.

The nature of extensive bruises and abrasion as suffered by the informant/ victim and use of small fire arm (pistol) stated to be illegally possessed, to intimidate the victim/ informant, the Court does not find this to be a fit case to enlarge the petitioner, namely, Mohsin Hussain, on pre-arrest bail.

Accordingly, the prayer for pre-arrest bail is rejected.

Case diary is returned.

The application is disposed of.

JUDGE

Comparing Assistant