Atabar Rahman @ Ataur Rahman and Anr v. The State of Assam

ORDER Date : 27-11-2024 Heard Mr. A. Hussain, learned counsel for the petitioner Nos. 1. Atabar Rahman @ Ataur Rahman and 2. Sarowar Alom, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Dalgaon Police Station Case No. 205/2024 under Sections 142/310(2) of Bhartiya Nyaya Sanhita, 2024.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for respondent State, who has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. The petitioner is complicit and the offence is of a grave nature.

¶3The allegation against the petitioners is that they along with two others have forcefully picked up the informant in a vehicle from the Car Dealer and detained him in the house of Sarowar Alom and physically assaulted him with intent to eliminate him and cause grave injuries on his person and snatched away Rs.1,60,000/- (Rupees One and Lac Sixty Thousand) from him.

¶4I have considered the submissions at the bar with circumspection. Indeed there are incriminating materials in the Case Diary against the petitioners. The merits of the case are not brought to the fore. There appears to be no justified ground to extend the privilege of anticipatory bail to the petitioners at this stage.

¶5Petition stands rejected at this stage. Page No.# 3/3

¶6In terms of the above observation, this Anticipatory Bail Application stands disposed of.

¶7Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010232752024 ooooooo 2024:GAU-AS:11776 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2882/2024ooo ATABARoRAHMANo@oATAURoRAHMANoANDoANR S/OoLT.oNAIBoUDDIN oR/OoVILL-oBORGHULI oP.S.-DALGAON oDIST-DARRANG oASSAM oPIN- 2:oSAROWARoALOM S/OoABDULoKUDDUS oR/OoVILL-oBORGHULI oP.S.-DALGAON oDIST-DARRANG oASSAM oPIN- oVERSUS THEoSTATEoOFoASSAM REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR oASSAM o------------ oAdvocateoforo:oMD.oAoHUSSAIN Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND