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2025 DAILYLAW 13799 (GAU)

FARMAN ALI v. THE STATE OF ASSAM

AB/1587/2024 · 2025-01-27

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010122402024 2025:GAU-AS:919 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1587/2024 FARMAN ALI S/O BABUL ALI, R/O WARD NO. 11, K.B. ROAD, P.O.- NORTH LAKHIMPUR, P.S.-NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM, PIN-787001 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D K MEDHI, P BORUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 28.01.2025 Heard Ms. P. Boruah, learned counsel for the petitioner=. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent. This is an application under Section 438 of the Code of Criminal Procedure Page No.# 2/3 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with North Lakhimpur P.S. Case No. 147/2024, under Section 366 of Indian Penal Code, corresponding to G.R. Case No. 385/2024. The case was fixed today for production of Case Diary; however, it is submitted by Ms. Bora, learned Additional Public Prosecutor, that the I.O. has already filed Charge-Sheet, vide Charge-Sheet No. 178/2024, dated 31.08.2024, and accordingly submitted that the present anticipatory bail application has become infructuous. In this context, Ms. Boruah, learned counsel for 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. 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. 178/2024, dated 31.08.2024, 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, Farman Ali, vide order dated 20.06.2024, shall remain extended. Page No.# 3/3 In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant