ABDUL MALEK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Sharma, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent, State of Assam.

(2.) By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Abdul Malek has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest in connection with Samuguri Police Station Case no. 274/2020 registered for offences under Sections 448/325/34, Indian Penal Code (IPC) read with Sections 302, IPC.

(3.) In the First Information Report (FIR), the informant has named 3 (three) persons viz. Md. Rafiqul Islam, Md. Saddam Hussain and Md. Mali Hussain. It has been alleged that at about 09-00 p.m., on 18.07.2020, the 3 (three) accused persons had assaulted the husband of the informant, Safiqul Islam. At the time of lodging the FIR, the husband of the informant was undergoing treatment in critical condition and initially, the FIR was registered for offences under Sections 448/325/34, IPC. Later on, the husband of the informant expired. Accordingly, Section 302, IPC has been added.