FAIJUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Samrat Munir, learned counsel for the petitioners. Also heard Mr. Partha Protim Baruah, learned Public Prosecutor, Assam assisted by Mr. Nava Kumar Kalita, learned Additional Public Prosecutor, Assam for the State.

(2.) By this application filed under Section 439 CrPC, the petitioners, namely, (i) Md. Faijul Haque @ Dali, (ii) Eusuf Uddin Ahmed @ Yusuf Ali and (iii) Abdul Jalil @ Jalil Ali are seeking bail in Hajo Police Station Case No. 480/2020 registered under Sections 120B/302 IPC, corresponding to G.R. Case No. 601/2020, wherein they were arrested on 25.05.2020 and since then they are in custody.

(3.) The petitioners herein are FIR named accused. As per the FIR of the case lodged by the father of the victim on 23.05.2020 before the Hajo Police Station is that on 22.05.2020 around 12:00/12:30 pm, while his son Sanatan Deka, selling vegetables in a bicycle, was returning home through Boromboi, the petitioner No. (iii) Jalil Ali and another, namely, Khabir Ali, who were coming from the opposite direction, i.e., from the Baramboi side, riding a motor cycle came in front of his bicycle. This act was protested by his son and an altercation took place between them. Then the petitioner No. (iii) and said Khabir Ali called Faijul Haque @ Dali, Firjahan Ali and Yusuf Ali over phone, who came to the place of occurrence with others and all of them assaulted informant's son indiscriminately, due to which his son sustained injuries. Because of such assault, blood oozed out from his ear, mouth and nose and fearing it his said son made hue and cry and laid unconscious. The informant stated that some unknown persons brought his son to the Hospital at Hajo by 108 Ambulance. As his condition became serious, the authorities of Hajo Hospital referred him to GMCH, but finding his state very grave, he was admitted at GNRC, North Guwahati in a serious condition, wherein he was immediately admitted in the ICU. The informant stated that when his said son was in the ICU, he expired on 23.05.2020. By the said FIR, the informant requested the police authority of Hajo Police Station to investigate the matter, arrest the accused persons of the case and to punish them. Accordingly, said Hajo P.S. Case No. 480/2020, was registered.