SHAHAD ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application, filed under Sec. 438 of the Cr.PC. seeking prearrest bail of the accused-petitioners, namely,

(2.) Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. M.I. Hussain, learned counsel for the petitioners. Also heard the objection raised by Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, for the respondent. Perused the case diary produced including the copy of the FIR and the forwarding report. It appears from the materials so far available before this Court that the contraband allegedly seized in connection with this case was seized from the house of the petitioner No.1- Shahad Ali @ Sahad Ali, who allegedly escaped from the scene of occurrence seeing the police personnel. The materials also suggest that he had fled away from the place of occurrence along with his wife-petitioner No.2. The materials also suggest that the recovery of the contraband was made from the house of the petitioner No.1 - Shahad Ali @ Sahad Ali.

(3.) I have considered the entire facts revealed by the materials in the case diary and is of the view that there is sufficient material showing involvement of the petitioner No.1- Shahad Ali @ Sahad Ali with the commission of the alleged offences, and therefore, the prayer for pre-arrest bail of petitioner No.1 is rejected.