Ajijur Rahman v. The State of Assam

ORDER Date : 26-09-2024 Heard Mr. S. Munir, learned counsel for the petitioner Ajijur Rahman, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Bihubor Police Station Case No. 10/2024 under Sections Page No.# 2/2 303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner, who has stolen a cow from the informant Smt. Mofida Begum. There are eye witnesses who have seen the petitioner with the cow of the informant Smt. Mofida Begum.

¶3The allegation against the petitioner is that he has stolen a pregnant cow of the informant and he has slaughtered the cow on 28.07.2024.

¶4I have considered the submissions at the bar with circumspection. I have also 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 interim bail to the petitioner.

¶5Petition is rejected at this stage.

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

¶7Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010181912024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2350/2024 AJIJUR RAHMAN S/O LATE NAJMUL HUSSAIN @ NAJMAL R/O CHANTAK 7 NO. GRANT P.S. BIHUBAR DIST. SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. S RANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND