TAIJUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R Sarma, learned counsel for the petitioner as well as Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State respondent. This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Taijuddin Ahmed, in connection with Hajo PS Case Page No.# 2/3 No. 370/2018 registered under Sections 143/302 of the IPC.

(2.) Case diary received has been perused.

(3.) It appears from the materials in the case diary that although the petitioner was present at the place of occurrence at the relevant point of time of the occurrence yet the names of the 2 (two) assailants have specifically come out from the evidence on record and the present petitioner is not one amongst them. The role of the petitioner, as appears from the materials in the case diary, is that he is only a member of the un-lawful assembly.