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2025 DAILYLAW 2170 (GAU)

Sh. Abdur Rahman @ Abdul Rakhman v. The State of Mizoram

Bail Appln./63/2025 · 2026-01-18

Michael Zothankhuma

body2025

Judgment text

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Page No.# 1/3 GAHC030008642025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./63/2025 Sh. Abdur Rahman @ Abdul Rakhman S/o Abdul Hannan, Badarpur Bagligul, P.O- Anglar Bazar, P.S - Badarpur, Sribhumi, Karimganj District, Assam-788806 VERSUS The State of Mizoram Aizawl Advocate for the Petitioner : Mr. Taher Ahmed Choudhury Advocate for the Respondent : P.P./Addl.PP, Mizoram B E F O R E HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 19.01.2026 Heard Mr. Taher Ahmed, learned counsel for the applicant/petitioner, who submits that the petitioner should be granted bail, inasmuch as, charge-sheet has been filed and three witnessess out of 14 have been examined by the learned Trial Court. Page No.# 2/3 The petitioner’s case is that he is a truck driver and the 5 year old child, suddenly darted across the road and despite applying the breaks, the child was run over. He accordingly submits that as this is a pure case of accident with no intention to kill, the petitioner should be allowed to go on bail. Mrs. Vanneihsiami, learned Addl. Public Prosecutor submits that a perusal of the charge-sheet would go to show that though the bumper of the vehicle had first hit the child and the truck had stopped, the truck again started moving with an intention to flee, thereby, the rear wheels of the truck ran over the head of the child. I have heard the learned counsels for the parties. The issue pertains to running over the child’s head by the rear wheel of the truck driven by the petitioner on 08.05.2025. The charge-sheet states that the truck initially hit the boy with its front bumper and momentarily stopped. It then moved forward again with the rear wheel on the driver’s side running over the boy’s head. The truck then sped away, but was intercepted at Tuitha veng, Kolasib. Thereafter, Kolasib P.S Case No. 32/2025 dated 08.05.2025 under Section 281/105 BNS, 2023 was registered. On considering the fact that the truck had stopped after hitting the boy with its front bumper and then tried to flee, which led to the boy’s head being run over, this Court is not inclined to allowed the Bail Application at this stage. Page No.# 3/3 The same is accordingly rejected. However, the learned Trial Court is directed to speed up the trial. JUDGE Comparing Assistant