Page No.# 1/3 GAHC010140382025 2025:GAU-AS:8644 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1461/2025 BITUL BORAH S/O SRI DEBEN BORAH R/O VILL- PILKHANA PADUMONI (REVENUE VILLAGE- NO.2 BOGORI) P.O. HARMOTI MERBIL, P.S. LALUK DIST. LAKHIMPUR, ASSAM PIN-784160 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR Z HUSSAIN, MR. RASHIDUL ISLAM,MS B B AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 25.06.2025 Heard Mr. Z. Hussain, learned counsel for the petitioner and Mr. R.J. Baruah, learned APP for the State. Page No.# 2/3 2. The petitioner, who is an accused in PRC Case No. 1773/2023 (formally GR Case No.2373/2020) arising out of Laluk PS Case No. 461/2020 under Section 341/326/307 IPC, has prayed for pre-arrest bail by filing this application under Section 482 of BNSS, 2023. 3. It is submitted that the petitioner has received the notice for appearing in the said PRC Case No. 1773/2023, which was fixed for appearance. However, on 03.03.2025, the petitioner had filed an application by showing cause for his absence and prayed for another date. The said prayer vide Petition No. 803/2025 was rejected and NBW was issued against the petitioner fixing 07.05.2025 for appearance. Accordingly, by an order passed on 07.05.2025, the next date of appearance is fixed on 05.07.2025. 4. The learned counsel for the petitioner has submitted that the petitioner intends to appear before the Court of learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur and therefore, he prays for interim protection so as to enable him to appear before the said learned Court. 5. The learned APP opposes the prayer for interim bail on the ground that, as per the charge-sheet submitted in the said case, the petitioner did not cooperate with the investigation and he was referred to as an absconder in the charge-sheet. It is also submitted that in this case, the charge-sheet was submitted on 07.10.2023 before the Court of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur and after cognizance vide order dated 11.12.2023, summons was issued to the petitioner. After two dates, the petitioner entered appearance on 26.06.2024 through his learned counsel and prayed for adjournment, which was allowed since 26.06.2024 till 07.05.2025, the petitioner never appeared before the learned Court and took steps through his learned counsel. Page No.# 3/3 6. In this case, having seen that the petitioner is delayed his appearance before the Court of learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur for about 11 months, the Court is disinclined to entertain this application for pre-arrest bail. 7. However, having regard to the nature of prayer made by the learned counsel for the petitioner, who expresses that the petitioner is inclined to appear before the learned Committal Court i.e. the Court of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, the Court is inclined to provide that, in the event the petitioner enters appearance before the said learned Court and makes the prayer for bail, the said learned Court shall consider the prayer in accordance with law. 8. With the aforesaid observation, this application for pre-arrest bail stands closed. JUDGE Comparing Assistant