Page No.# 1/3 GAHC010097962025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1079/2025 MD HASMAT ALI S/O NURUL HOQUE R/O BRAHMAPUTRA CHAPORI BURIGANG P.S. GINGIA, DIST. BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SAURADEEP DEY, MS N DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.05.2025 1. Heard Mr. S. Dey, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This application under Section 482 of BNSS, 2023, has been filed by the petitioner, who is apprehending his arrest in connection with PRC Case No.26/2025 under Sections 310(4)/111(3) of BNS, which is pending before the Court of learned Sub-Divisional Judicial Magistrate(M), Biswanath. 3. The learned counsel for the petitioner has submitted that in PRC Case No.26/2025, charge-sheet was laid against the present petitioner and 8(eight) other accused persons under Section 310(4)/111(3) of BNS. He submits that though the petitioner has received summons from the Court of learned Sub-Divisional Judicial Magistrate(M), Biswanath, and the next date of the case is fixed on 02.06.2025, however, as the offence involved in the case entails punishment which may extend to imprisonment for life, therefore he apprehends that due to the embargo of Section 480(1)(i) of the BNSS, the Court of learned Sub-Divisional Judicial Magistrate(M), Biswanath, which is the committal Court and which is the Court of Judicial Magistrate First Class, may not be in a position to grant bail to the petitioner due to the embargo of the above provision and he may be remanded to custody. 4. The learned counsel for the petitioner has submitted that the petitioner is ready to face trial. He has also submitted that the other co-accused have already been released on bail as apparent from order dated 06.02.2025 passed in PRC Case No.26/2025. 5. I have considered the submissions made by the learned counsel for both the sides. 6. On perusal of the records, it appears that apart from Section 310(4), the offence under Section 111(3) is also involved in this case, which Page No.# 3/3 prescribes maximum punishment of life imprisonment and therefore embargo of 480(1)(i) of BNSS would be there on the powers of the SDJM Court to grant bail. Hence, the apprehension of getting arrested in the aforesaid case by the petitioner appears to be genuine. 7. As the other co-accused persons are already on bail, and as the Court of learned Sub-Divisional Judicial Magistrate(M), Biswanath, would be under embargo of Section 480(1)(i) while considering the bail application of the present petitioner, even if he appears before the said Court in pursuant to the summons issued to him, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the committal Court i.e. the Court of the Sub-Divisional Judicial Magistrate(M), Biswanath Chariali on the next date fixed i.e. on 02.06.2025 and face the Trial. If he does so on the said date , on his appearance before the said Court, he shall be allowed to go on bail of Rs.30,000/-(Rupees Thirty Thousand only) with a surety of like amount subject to the satisfaction of the arresting authority with a condition that :- i) The petitioner shall co-operate in the Trial and shall appear before the Trial Court as and when so required by the Trial Court. 8. With above observation, this anticipatory bail application is disposed of. JUDGE Comparing Assistant