Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 14 March, 2022
Page No.# 1/3
GAHC010020232022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/345/2022
ATABUR ROHMAN AND ANR
SON OF LATE SOKOI MIA
R/O LANKAJAN DARJEESIT
P.O. HOJAI P.S. HOHAI
DIST. HOJAI, ASSAM, PIN-782447
2: ABDUL MANNAN @ KALA MIA
S/O LATE AKOI MIA
R/O LANKAJAN DARJISIT
P.O. HOJAI P.S. HOHAI DIST. HOJAI ASSAM PIN-78244
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R DEV
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 14.03.2022
Heard Mr. R. Dev, learned counsel for the petitioners. Also Heard Mr. K. K.
Parasar, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-
arrest bail to the petitioners, namely, 1. Atabur Rohman, 2. Abdul Mannan @
Page No.# 2/3
Kala Mia, apprehending their arrest in connection with Hojai P.S. Case No.
23/2022 registered u/s 376(D) of the IPC (G.R. No. 83/2022).
The Case diaries of Hojai P.S. Case No. 23/2022 and Hojai P.S. Case No. 24/2022,
as called for, are placed before the Court.
The FIR in Hojai P.S. Case No. 23/2022 reveals the allegation that on
08.01.2022 at about 12 AM, the FIR named accused persons entered into the house of
the informant by cutting the bamboo thatched wall and committed gang rape in front
of her 9 years old child causing external and internal injuries.
The medical report reveals that as per the radiological report, the victim woman
is aged above 19 years, without any evidence of recent sexual intercourse. There is,
however, evidence of injury to her body, left cheek and neck (nail marks).
A perusal of the statements of the victim, recorded under Sections 161 and 164
Cr.PC., it is revealed that she is aged about 45 years and married and further, at the
time of the alleged occurrence, she was sleeping with her 7 (seven) years old son. Her
adolescent two daughters were also sleeping at home, who rushed to her rescue and
thereupon both the petitioners fled away.
On the other hand, the case diary of Hojai P.S. Case No. 24/2022, reveals a
similar incident, where allegation has been made that on the night of 08.01.2022,
when she was going out of house for urinating, the accused persons named in the FIR
Sabiduddin, Sabir Ahmed and Mamtaz Ali caught off her and took her to the nearby
betel nut garden and raped her gagging her mouth. This case is in its initial stage of
investigation.
Again there was allegation of murder of the brother of the petitioner No. 1,
namely, Mohibur Rahman, on 23.04.2011 by the present informant's husband and 8
(eight) others, which was registered as Hojai P.S. Case No. 100/2011 under Sections
147/148/149/358/326/302 of the IPC read with Section 25(1-B)/27 of the Arms Act.
After trial, they were convicted in Sessions Case No. 308/2012 and an appeal against
Page No.# 3/3
the aforesaid judgment and order is presently pending for consideration in this Court
in Crl. A. No. 200/2017 and Crl. A. No. 174/2017.
However, in the instant case, there is no reference to the above two cases and
no indication whatsoever that it may be a case of old enmity or based on false and
concocted allegations. It is noticed, as stated above, the investigations in Hojai P.S.
Case No. 23/2022 and Hojai P.S. Case No. 24/2022 are yet to be completed.
Therefore, this Court is of the opinion that in the above backdrop of facts and
evidence so far collected, the grant of privilege of pre-arrest bail to the petitioners will
certainly adversely affect the statutory right of the police to conduct a hindrance free
fair investigation into the case.
Accordingly, the pre-arrest bail application stands rejected.
Return the case diaries.
This disposes of the anticipatory bail application.
JUDGE
Comparing Assistant
