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2025 DAILYLAW 12277 (GAU)

JITU CHOUDHURY v. THE STATE OF ASSAM

AB/1068/2025 · 2025-05-14

Mridul Kumar Kalita

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010099902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1068/2025 JITU CHOUDHURY S/O-MUKUL CHOUDHURY, VILLAGE -GARIGAON LUITPAR, P.S.-JALUKBARI, DIST.- KAMRUP METRO. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.05.2025 1. Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, has been filed by the petitioner apprehending his arrest in connection with Jalukbari OP GDE Page No.# 2/2 No.444/25. 3. The learned counsel for the petitioner has submitted that the above mentioned GD Entry was registered on filing of a complaint by wife of the present petitioner, Nazrin Sukriya, before the Officer-In-Charge of Jalukbari Out-Post and he was served with a notice under Section 179 of BNSS by the Jalukbari police directing the petitioner to appear before the police on 02.05.2025. However, learned counsel for the petitioner submits that the petitioner apprehended that a case against him may be registered under non bailable section and he did not appear before the police, in pursuant to the notice under Section 179. 4. The learned counsel for the petitioner has fairly submitted that now he has come to know that on the basis of the complaint filed by his wife, a case has been registered under Sub Section (2) of Section 117 and Sub Section (2) of Section 127 of BNS. 5. The learned counsel for the petitioner submits that both the offences are bailable offences for which the case against the petitioner has been registered. 6. As under Sub Section (1) of Section 482 BNSS, an application for bail can be filed only if the petitioner has an apprehension of getting arrested in connection with a non bailable offence, this Anticipatory Bail Application is not maintainable and accordingly disposed of. JUDGE Comparing Assistant