Jiabur Rahman v. The State of Assam

ORDER Date : 26.11.2024

Heard Mr. K. Boruah, learned counsel for the petitioner, Jiabur Rahman, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Page No.# 2/2 Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Rupahihat Police Station Case No. 278/2024 under Sections 61(1) (a)/118(2)/109/126(2) of Bharatiya Nyaya Sanhita, 2023 added Section 103(1) of Bharatiya Nyaya Sanhita, 2023.

¶2Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the respondent State. The learned Additional Public Prosecutor has raised serious objections stating that there are incriminating materials in the Case Diary against the petitioners.

¶3The allegations against the petitioner is that he has attacked the husband and son of the informant, Md. Ruhul Amin Choudhury and Ariful Hasan Choudhury respectively, with dangerous weapons. Both the injured persons were lying on the road and the public forwarded the victims for treatment but unfortunately, Md. Ruhul Amin Choudhury succumbed to his injuries.

¶4I have scrutinized the Case Diary. It is seen that there are incriminating materials in the Case Dairy against the petitioner.

¶5I have considered the gravity of the offence. It appears that investigation may be adversely affected if the petitioner is admitted to bail. Therefore, the petition with prayer for bail stands rejected at this juncture.

¶6Accordingly, in term of the above, this Anticipatory Bail petition stands rejected at this stage.

¶7Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010235042024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2791/2024 JIABUR RAHMAN S/O- HASMAT ALI R/O- VILL.- KANDHULIMARI P.O. TARABARI P.S. RUPAHIHAT DIST. NAGAON ASSAM PIN- 782125. VERSUS THE STATE OF ASSAM REP BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. A CHAUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND