Abinash Das v. State of Assam

ORDER

25.11.2024

¶1Heard Ms. P. Das learned counsel for the petitioner Abinash Das.

¶2The petitioner has filed this application under Section 438 of the Cr.PC with Page No.# 2/3 prayer for pre-arrest bail as he is apprehending arrest in connection with Hajo P.S. Case No. 665/2024 under Sections 120(B)/279/326/307 of the IPC.

¶3Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that on 14.11.2023, at about 9 p.m., Pranjit Das, Mun Das and Sonkumar Das were returning from a religious function when the petitioner drove his Maruti car bearing registration No. AS-01-1776, towards them with an intention to eliminate them. Pranjit Das sustained injuries on his head requiring 10 stitches and also sustained fracture on his right hand. The Maruti car ran over the abdomen of the informant's brother in law and blood oozed out from his nostrils. The injured persons were taken to the GMCH Hospital for specialized treatment from Hojai Hospital.

¶5Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶6I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. At this juncture, I am not inclined to grant anticipatory bail to the petitioner.

¶7It is true that interim bail was granted to the petitioner. The petitioner has appeared before the Investigating officer and his statements have been recorded.

¶8I have considered the submissions at the Bar with circumspection.

¶9At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner.

¶10Petition stands rejected at this stage. Page No.# 3/3

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010285632023 2024:GAU-AS:11553 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4243/2023 ABINASH DAS S/O LATE HARE KRISHNA DAS R/O VILL- HAJO KAIBARTATOLA P.S. HAJO DIST. KAMRUP, ASSAM PIN-9864044267 VERSUS STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B K DAS, MS. P DAS Advocate for the Respondent : PP, ASSAM, MR M AHMED,MD A ISLAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND