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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 762/2019
S/O REJOT ALI, R/O BESAMARI, P.S.-DHING, DIST-NAGAON, ASSAM
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S MUNIR
Advocate for the Respondent : PP, ASSAM
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
Date : 01-04-2019
This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the
petitioner, namely, Taijuddin Ahmed, in connection with Dhing PS Case No. 53/2019
under Sections 354/326/34 IPC.
Heard Mr. S. Munir, learned counsel for the petitioner. Also heard objection raised by the
learned counsel for the informant, Ms. S.S. Zia, through learned Additional Public Prosecutor
for the state respondent, Mr. T.K. Mishra.
Case diary produced has been perused including the injury report.
There is no materials against the petitioner for the alleged offence under Section 354 IPC in
the case diary. So far the accusation under Section 326 IPC is concerned, on perusal of the
medical report of injury, the injuries are found to be simple caused by sharp weapon. That
being so, for offence under Section 326 IPC is not attracted. However, this view is tentative
and for the purpose of this bail application only.
On the other hand, the petitioner appeared before the investigating officer after obtaining
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interim pre-arrest bail vide order, dated 14.3.2019 and he is not alleged to have misused the
liberty granted to him while availing interim pre-arrest bail. In view of the above, the
petitioner is granted the privilege of pre-arrest bail.
The interim pre-arrest bail granted to the petitioner, vide order dated 14.3.2019 is made
absolute on the same terms and conditions.
The petition stands disposed of.
Return the case diary.