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2025 DAILYLAW 5634 (GAU)

JAKIR KHAN v. THE STATE OF ASSAM

AB/129/2025 · 2025-02-03

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010006292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/129/2025 JAKIR KHAN S/O JAMAL KHAN R/O VILL ABADIGAON P.S. MANIKPUR DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 04.02.2025 Heard Mr. A. Ahmed, the learned counsel appearing for the petitioner as well as Mr. K. Baishya, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2 2. This is an application under Section 482 of the BNSS, 2023 in respect of PRC No.417/2024 (arising out of Manikpur P.S. Case No.105/2024 under Sections 61(2)/ 189(2)/ 296/ 75/ 117(2)/ 126(2)/109 and added Section103/3(5) of BNS, 2023) pending in the court of learned Addl. Chief Judicial Magistrate, Bongaigaon. 3. In short, the petitioner has been charge sheeted in a Sessions triable case. The petitioner submits that if he appears before the court of learned Addl. Chief Judicial Magistrate, he will be remanded to custody because this Court does not have the jurisdiction to entertain his bail application. The petitioner submits that he is interested to face the trial and therefore he should be given an opportunity to contest the case. 4. I have considered the submissions made by the learned counsel of both sides. 5. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. Therefore, the bail application of the petitioner is allowed. 6. It is hereby directed that whenever the present petitioner Jakir Khan appears before the court of learned Addl. Chief Judicial Magistrate, Bongaigaon in connection with PRC No.417/2024 (arising out of Manikpur P.S. Case No.105/2024 under Section 61(2)/ 189(2)/ 296/ 75/ 117(2)/ 126(2)/109 and added Section 103/3(5) of BNS, 2023), he shall be allowed to go on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Addl. Chief Judicial Magistrate, Bongaigaon. With the aforesaid direction, the present application for bail is disposed of. JUDGE Comparing Assistant