MD. JANIK ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.I. Ahmed, learned counsel for the accused-petitioner and Ms. A. Begum, learned Additional Public Prosecutor for respondent, State of Assam. This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been filed praying for pre-arrest bail of the petitioner viz. Md. Janik Ali, apprehending his arrest, in connection with Palashbari Police Station Case no. 597/2019, registered under Sections 325/34, Indian Penal Code (IPC), added Section 302, IPC. In the First Information Report (FIR) lodged on 13.12.2019, the informant has, inter alia, alleged that at about 8-00 p.m. on 12.12.2019, his son Aktar Hussain was attacked by the accused-petitioner and other accused persons named in the FIR and as a result, his son sustained grievous injuries on his person. Initially, the case was registered for offences punishable under Sections 325/34, IPC. It transpires that Aktar Hussain succumbed to the injuries on 18.12.2019 while undergoing treatment. 3. The post-mortem examination report indicates that the death was due to comma, as a result of injuries sustained over the head. All the injuries were found ante-mortem in nature and caused by blunt force impact. The learned Additional Public Prosecutor has produced the case diary wherein the statements of the witnesses recorded under Section 164, CrPC are found available. The independent witnesses have implicated the accused-petitioner in respect of assault caused on Aktar Hussain. 4. In view of the above incriminating materials available in the case diary against the accused- petitioner, this Court is of the considered view that this is not a fit case to grant the benefit of pre-arrest bail under Section 438, CrPC to the accused-petitioner. Accordingly, the bail application is rejected. 5. Return the case diary.