Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010247122024
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3061/2024 JOYDUL HUSSAIN @ JAYDUL S/O ISRAB ALI
RESIDENT OF VILLAGE PABIJURI PS DOBOKA DIST HOJAI ASSAM 782445 VERSUS THE STATE OF ASSAM REP BY PP ASSAM ------------ Advocate for : MR A N IQBAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 28.01.2025 Heard Mr. A.N. Iqbal, learned counsel for the applicant and Mr. K.K. Parashar, learned Additional Public Prosecutor for the state respondent. 2. This application, under Section 482 of the Bharatiya Nagarik
Page No.# 2/3 Suraksha Sanhita (BNSS), 2023 is preferred by applicant, namely, Joydul Hussain @ Jaydul, who has been apprehending arrest in connection with Bakalia P.S. Case No.26/2024, under Section 61(2)/112(2)/303(2)/317(2)/318(4) of BNS, for grant of pre-arrest bail. 3. It is to be noted here that, the above noted case has been registered on the basis of one FIR lodged by Ershad Hussain of Bakalia Police Station on
14.08.2024. The essence of allegation, against the present applicant is that on 14.08.2024, at about 08.15 A.M. during NAKA checking, the informant has intercepted two vehicles bearing Regn. Nos. AS09BC1186 and AS09BC2733 loaded with bundles of bamboo stick and during search they had recovered 20 bags of dry Areca nuts in each vehicle which were kept concealed under the bamboo sticks and apprehended two persons, namely, 1. Islam Uddin and 2. Sri Jirsong Teron and during their interrogation they disclosed the name of present applicant and his brother Aryan Khan and those Areca nuts were being carried from Dimapur. 4. The learned counsel for the applicant submits that the applicants were granted the privilege of interim pre-arrest bail vide order dated 12.12.2024, and pursuant to the said order the applicant has appeared before the I.O. and co-operating with the investigating agency and therefore, it is contended to make the interim order dated 12.12.2024, absolute in the same terms and conditions. 5. Per contra Mr. Parasar, learned Additional Public Prosecutor submits that the IO has completed the investigation of the case and submitted charge sheet being Charge sheet No. 29/2024 dated 31.12.2024. 6.
Having heard the learned Advocates of both sides, I have carefully
Page No.# 3/3 gone through the petition and the documents placed on record and also perused the order dated 12.12.2024, by which interim protection was extended to the applicant. 7. In view of submission of charge sheet after completion of investigation, this Court is inclined to dispose of this petition by directing the applicant to appear before the learned trial Court and to apply for regular bail and in the event of filing such application, the learned trial Court shall consider the same in accordance with law. 8. The applicant shall appear before the learned trial Court on 13.02.2025, till then interim order dated 12.12.2024 shall be extended. 9. In terms of above, this anticipatory bail application stands disposed of. JUDGE
Comparing Assistant