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2025 DAILYLAW 15501 (GAU)

SRI RUBUL BORA v. THE STATE OF ASSAM AND ANR

AB/1643/2025 · 2025-07-18

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010147562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1643/2025 SRI RUBUL BORA S/O- KINARAM BORA. R/O- VILL.- SIALKHATI GAON, P.O.- KACHARIGHAT, P.S.- GOLAGHAT, DIST.- GOLAGHAT, ASSAM, PIN-785702. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SMTI. LAKHIMI BORA CHANGMAI. W/O- SRI DIPANKAR CHANGMAI VILL.- KACHAMARI P.O.- KACHAMARI P.S.- MERAPANI DIST.- GOLAGHAT ASSAM PIN-785705 Advocate for the Petitioner : MR A N IQBAL, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.07.2025 Page No.# 2/2 Heard Mr. A. N. Iqbal, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor. This application under Section 482 of BNSS has been filed by the petitioner, who is apprehending his arrest as the Court of learned Judicial Magistrate First Class has issued non-bailable warrant of arrest as well as proclamation of the petitioner as an offender and ordered for attachment of his properties. Without going into the details about the facts of the case, since the order of non-bailable warrant of arrest is issued by virtue of judicial order of the Trial Court as well as the order for proclaiming the petitioner as absconder as well as attachment of his property is also issued in judicial capacity, unless, said orders have challenged the relief of anticipatory bail may not be granted in such cases. Hence, this bail application is disposed of with a direction to the petitioner to appear before the Trial Court on the next date fixed before the Trial Court i.e. on 31.07.2025. On appearing before the Trial Court the petitioner may seek appropriate relief before the Trial Court. Though ,this application has been filed under Section 482 of BNSS,2023 however, considering facts & circumstances of this case, in exercise of inherent power of this Court, it is hereby directed that the non-bailable warrant of arrest issued against the petitioner shall not be executed till the next date fixed before the Trial Court i.e. on 31.07.2025. JUDGE Comparing Assistant