KASIM UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Motin, learned counsel for the petitioners and Ms. A. Begum, learned Additional Public Prosecutor for the respondent, State of Assam.

(2.) By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioners viz. 1) Kazim Uddin, 2) Rahmat Ali, 3) Rashid Ali, 4) Rakman Ali @ Rahman Ali, 5) Lal Miya and 6) Kader Ali have approached this Court seeking pre-arrest bail apprehending their arrest in connection with Mangaldai Police Station Case no. 05/2020 registered for offences under Section 120B/457/342/326/307/379, Indian Penal Code (IPC).

(3.) In the First Information Report (FIR) lodged on 02.01.2020, the informant has stated that at about 01-30 a.m. on 02.01.2020, the accused persons, named in the FIR, criminally trespassed into the house of the informant's elder brother, Md. Badsha Ali by breaking the door with the intention to kill him. The accused persons tied hands and legs of Md. Badsha Ali by strings and thereafter, assaulted him with sharp weapons resulting in grievous injuries on his person. Accusation is made about snatching of Rs. 20,000/- from the house. Accusation is further made to the effect that the accused persons had assaulted Shaha Alom, Sher Ali, Hamed Ali, Insuf Ali, Jamidar Ali and Miss Majeda Begum as well with knives, sticks and daos etc. As a result, the injured persons were admitted in Mangaldai Civil Hospital. Later on, due to his serious condition, Md. Badsha Ali was taken to Guwahati Medical College and Hospital for better treatment.