Md. Siddik Ali vs The State Of Assam
2021 Latest Caselaw 1530 Gua

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GAHC010072462021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : AB/1182/2021

            MD. SIDDIK ALI
            S/O- LATE TAHER ALI, R/O- VILLAGE NO. 2 SARKEY BASTI, NAKHUTI, P.O.
            NAKHUTI BAZAR, P.S. LUMDING, DIST.- HOJAI, ASSAM.



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE P.P., ASSAM



Advocate for the Petitioner   : MR. A K DUTTA

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

27.04.2021

Heard Mr. A.K. Dutta, learned counsel for the petitioner. Also heard Mr. N.J. Dutta, learned Addl. Public Prosecutor for the State/respondent.

This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Md. Siddik Ali, Page No.# 2/2

apprehending arrest in connection with Lumding P.S. Case No. 12/2017 registered under Sections 395/397 of the IPC.

Mr. N.K. Dutta, learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court in case of Bharat Chaudhary and Ors. -vs- State of Bihar and Ors. passed in Criminal Appeal No. 1250 of 2003

(arising out of SLP(Crl.) No. 2243 of 2003).

It is seen that in the earlier anticipatory bail application being AB/1682/2020, which was rejected by order dated 13.07.2020, the petitioner took the plea of mistaken identity and it was observed that he did not take the ground of undergoing medical treatment on the date of occurrence, that is, on 16.01.2017. The medical document shows that he was admitted in B.P. Civil Hospital on 15.01.2017 for head injury and discharged on 19.01.2017 vide registration No. 1308/2017 dated 15.01.2017.

The alleged incident is pertaining to commission of the offence of dacoity during night hours causing injuries by blocking the National High Way No. 54 near Lumding, Nagaon and as such, it is case of very serious nature.

Call for a scanned copy of the case record along with the case diary.

List on 12.05.2021.

JUDGE

Comparing Assistant