Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010135722025
2025:GAU-AS:8429
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1414/2025 MD. HASEN ALI @ HASSEN ALI S/O- OHED ALI.
VILL.- PAGHALI.
P.S.- SAMAGURI.
DIST.- NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MD B ISLAM, MR. S UDDIN,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 24.06.2025
Heard Mr. A. Alam, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State respondent.
Page No.# 2/3 This is an application under Section 482 of BNSS, 2023, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with PRC Case No. 13/2025, arising out of Samaguri P.S. Case No. 510/2018, under Sections 120(B)/376 of the Indian Penal Code, pending before the Court of learned Judicial Magistrate First Class(M), Kaliabor, Nagaon.
It is submitted by Mr. Alam, learned counsel for the accused/petitioner, that the present accused/petitioner is innocent and he is no way connected in the alleged offence. He was not aware about any filing of the F.I.R. against him or registering a case against him. He was never searched by police during the investigation, but he came to know about the pendency of this case only after a receiving a summon from the learned Trial Court. However, after receiving the summon, he appeared before the learned Trial Court through his engaged counsel and time was also granted to the petitioner for appearance vide order dated 13.03.2025. However, as the case has been charge-sheeted showing him as an absconder, there is an apprehension of arrest in connection with this case and hence, the present petition has been filed seeking anticipatory bail.
Mr. Kaushik, learned Additional Public Prosecutor, submitted in this regard that the petitioner may be directed to appear before the learned Trial Court with an appropriate application for bail and without perusal of the case record and the Case Diary, the order of anticipatory bail may not be granted at this stage.
After hearing the submissions made by the learned counsels for both sides and also on perusal of the case record, it is seen that only summon is issued to the petitioner at this stage and the petition filed on behalf of the
Page No.# 3/3 accused/petitioner is also allowed by the learned Trial Court.
Considering the above aspect of the case, the present petitioner is hereby
directed to appear before the learned Trial Court with an appropriate application for bail within 15 (fifteen) days from the date of passing of this order. And, till then, no coercive action shall be taken against the present petitioner.
In terms of above, this anticipatory bail application stands disposed. JUDGE Comparing Assistant