MAZID ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.K. Mahajan, learned counsel for the petitioner, Mr. D. Das, learned Additional Public Prosecutor for respondent, State of Assam and Mr. A.K. Azad, learned counsel appearing for the informant.

(2.) This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been preferred by the petitioner viz. Mazid Ali @ Abdul Mazid seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Kachumara Police Station Case no. 104/2020, registered under Sections 447/341/325/326/354/427/34, Indian Penal Code (IPC).

(3.) In the First Information Report (FIR) lodged on 21.05.2020, the informant has specifically named 13 (thirteen) persons as accused with the present petitioner as accused no. 1 in respect of an incident of assault stated to have occurred on 20.05.2020. In the FIR, it has been alleged that the petitioner and 3 (three) others made an attempt to assault the informant. Thereafter, when the informant ran back to his house, the accused persons criminally trespassed into the house of the informant and assaulted his wife, Sakina Khatun and other members of the family. Specific allegation has been made against the petitioner that the petitioner by assaulting with a dagger and stones, had broken four numbers of teeth of the wife of the informant.