MD. MESER ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.C. Sarmah, learned counsel appearing for the petitioners and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the State.

(2.) The petitioners Md. Messer Ali, his wife Diljan Bibi and son Md. Maidul Islam Borah @ Papu have prayed for pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 in the matter of Mukalmua Police Station Case No. 215/2020 registered under Sections 341/294/353/34 of the IPC.

(3.) The power distribution company has been doing some project work near the place of occurrence and on one day the brother of the petitioner Md. Messer Ali had beaten up the contractor. On 29.05.2020, Sub-Inspector Suleiman Ali went to the aforesaid place of occurrence for investigation, but this time the three petitioners misbehaved with S.I. Suleiman Ali. It is alleged that they had physically assaulted the police officer, thereby causing trouble in police investigation.