MEHBUB RAHMAN BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Das, learned Senior Counsel assisted by Mr. K. Mohammed, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State of Assam.

(2.) By this application under Sec. 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Mehbub Rahman Barbhuiya @ Bappi Barbhuiya has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Silchar Police Station Case No. 3238/2021 registered for offences punishable under Ss. 147/302/427, Indian Penal Code [IPC] for the second occasion after rejection of his earlier bail application, AB no. 3171/2021 by an order dtd. 26/10/2021, after perusal of the materials available in the case diary, produced on that day.

(3.) The relevant excerpts from the order dtd. 26/10/2021 are hereinbelow :- "3. In the First Information Report (FIR) lodged on 25/9/2021, the informant has mentioned that his elder brother, Jasim Uddin Majumdar @ Bulbul Majumdar has a shop. He has, inter-alia, alleged that having heard that the petitioner along with 20/25 persons was demolishing his shop and the mobile tower attached to the shop at around 05-30 a.m. on 25/9/2021, Jasim Uddin Majumdar @ Bulbul Majumdar rushed to the place of occurrence. At the place of occurrence, his elder brother, Jasim Uddin Majumdar @ Bulbul Majumdar was assaulted by the petitioner with the assistance of those persons with him. Having received the information, the informant along with his three relatives and one tenant reached the place of occurrence and found Jasim Uddin Majumdar @ Bulbul Majumdar in a seriously injured condition. The informant and others recovered the injured from the clutches of the accused persons. The injured informed the informant and others that the petitioner assaulted him on his chest. As the physical condition of Jasim Uddin Majumdar @ Bulbul Majumdar was found critical, he was immediately taken to the Silchar Medical College and Hospital (SMCH) but the Doctor at the SMCH declared Jasim Uddin Majumdar @ Bulbul Majumdar as brought dead.