Page No.# 1/3 GAHC010087402024 2024:GAU-AS:4499 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1150/2024 HAFIZUR RAHMAN S/O MD HANIF ALI R/O TAPAR PATHAR P.O. TAPAR PATHAR P.S. CHAYGAON DIST. KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS. R DEVI,MS A DAS,MS A BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29.01.2025 Heard Mr. A. K. Das, learned counsel appearing on behalf of the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 438 of the Code of Criminal Procedure praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Dharamtul P.S. Case No. 08/2024, under Section 395 of the Indian Penal Code, corresponding to G.R. Case No. 168/2024. The case was fixed today for production of Case Diary; however, it is submitted by Mr. Baruah, learned Additional Public Prosecutor, that the I.O. has already filed Charge-Sheet, vide Charge-Sheet No. 02/2025, dated 28.01.2025, and accordingly submitted that the present anticipatory bail application has become infructuous. In this context, Mr. Das, learned counsel appearing on behalf of the petitioner, has submitted that after obtaining the order of interim pre-arrest bail, the petitioner has already appeared before the I.O. and his statement under Section 161 Cr.P.C. has already been recorded and hence, prayed for extending the interim pre-arrest bail till his appearance before the learned Court below. Page No.# 3/3 Considering the submissions made by the learned counsels appearing for both sides and also considering the fact that the I.O. has already filed Charge- Sheet No. 02/2025, dated 28.01.2025, the petitioner is hereby directed to appear before the learned Court below within 15 (fifteen) days from the date of this order with an appropriate application for grant of regular bail, which shall be considered by the learned Court below in accordance with law. Till then, interim pre-arrest bail granted to the accused/ petitioner, namely, Hafizur Rahman, vide order dated 15.05.2024, shall remain extended. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant