Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010236652025
2025:GAU-AS:17623
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2682/2025 MATIBUR RAHMAN LASKAR S/O. ATABUR RAHMAN LASKAR,R/O. BERENGA PART - IV,P.S.
SILCHAR,DISTRICT CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLICPROSECUTOR, ASSAM. Advocate for the Petitioner : MR. JUNM LASKAR, MS. J GHOSH Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 18-12-2025 Heard Mr. JUNM Laskar, learned counsel for the petitioner and Mr. R. R. Kaushik, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, Matibur Rahman Laskar who is apprehending his arrest in connection with PRC Case No. 3066/2024 pending before the Court of Judicial Magistrate, First Class, Cachar, Silchar corresponding to
Page No.# 2/3 Silchar P.S. Case No. 3163/2014 under Section 376 IPC. 3. It is submitted by Mr. Laskar, learned counsel that the present petitioner is innocent and he has not committed any such offence, as alleged in the FIR. 4. During the pendency of the investigation police never searched for him and hence, he was not aware about the filing of the charge sheet. But subsequently he came to know about the pendency of this case only on getting the information in regards to issuance of summon against the present petitioner. 5. As the case is Sessions triable in nature, the accused petitioner has the apprehension of arrest and hence, present application has been filed seeking pre- arrest bail. 6. Mr. Laskar, learned counsel further submitted that the petitioner is however ready and willing to appear before the learned Trial Court on each and every date the case is fixed by the Court, if he is provided with some interim protection. 7. Mr. Kaushik, learned Addl. PP submitted in this regard that there are sufficient incriminating materials against the petitioner in the case record, however, the statement of the victim recorded under Section 164 CrPC is not available. 8. Mr. Kaushik further submitted that the petitioner may be directed to appear before the learned Trial Court with a regular bail application, which may be considered in accordance with law. 9. It is further submitted by Mr. Laskar, learned counsel that on enquiry from the E- Court service, it has come to the knowledge that NBWA has already been issued against the petitioner. 10. Considering the submissions made by the learned counsel for both sides, the petitioner is hereby directed to appear before the learned Sessions Judge with a regular application for bail, which may be considered in accordance with law. 11.
However, the NBWA issued against the present petitioner is hereby
Page No.# 3/3 stayed/suspended for a period of 10 (ten) days from the date of this order enabling the petitioner to appear before the learned Trial Court. 12. With the above observation and direction, this pre-arrest bail application stands
disposed of.
JUDGE
Comparing Assistant