MD. JOHIRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Rahman, 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. Md. Johirul Islam has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Sukchar Police Station Case No. 218/2021 registered for offences punishable under Ss. 120B/341/326/307/379/34, Indian Penal Code [IPC].

(3.) The informant has lodged the First Information Report [FIR] before the Officer InCharge, Sukchar Police Station on 13/11/2021 wherein the informant has named 7 [seven] persons as accused. As per the FIR, at about 06-30 p.m. on 12/11/2021, the son-in-law of the informant, Tahidur Rahman went to the house of Anowar Hussain, a resident of the same village, to look for a labourer. Then, Anowar Hussain called the petitioner i.e. Johirul Islam to be engaged as such labourer. Thereafter, Tahidur Rahman and the petitioner were proceeding from the house of Anowar Hussain to the house of Tahidur Rahman. When Tahidur Rahman and the petitioner were so proceeding, 7 [seven] nos. of accused persons, named in the FIR, intercepted and surrounded them on the road. At first, the accused no. 1 and accused no. 2 grabbed Tahidur Rahman and then, the accused no. 3 stabbed Tahidur Rahman from backside by a dagger in order to kill him. As a result, Tahidur Rahman was seriously injured. It has been alleged that the other accused persons took away an amount of â "? ? 1,10,000/- from the pocket of Tahidur Rahman. As a result of the attack, Tahidur Rahman fell down on the road losing consciousness. The local people having got the information, reached at the place of incident and took Tahidur Rahman to Hatsingimari Hospital at first. Finding the condition of Tahidur Rahman serious, he was thereafter, taken to the Guwahati Medical College and Hospital. It is stated that at the time of lodging the FIR, Tahidur Rahman was undergoing medical treatment in a serious condition.