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2025 DAILYLAW 6518 (GAU)

MD NASIR UDDIN v. THE STATE OF ASSAM

AB/177/2025 · 2025-06-17

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010017692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/177/2025 MD NASIR UDDIN S/O SAFIR UDDIN, RESIDENT OFVILLAGE MAHGHULI, PS NORTH LAKHIMPUR, DIST LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : I AMIN, MR. O ULLAH,MR M H AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 18.06.2025 Heard learned counsel Mr. M.H Ahmed for the petitioner Md. Nasir Uddin who has filed this application under Section 482 of the B.N.S.S, 2023 with prayer for pre-arrest bail as he is apprehending arrest as summons has been issued against him in connection with P.R.C Case No. 18/2025 under Section 318(4)/316(2)/308(4)/3(5) arising out of Bihpuria P.S Case No. 121/2024, pending before the Ld. Chief Judicial Magistrate, Lakhimpur, North Lakhimpur. Heard Mr. P Borthakur, learned Additional Public Prosecutor, Assam. Page No.# 2/2 The allegation against the petitioner is that he has been receiving gratification in the pretext of paying bribe to the policemen from the informant who was involved in a criminal case. It is submitted on behalf of the petitioner that notice under Section 35(5) B.N.S, 2023 has not been issued against the petitioner. The petitioner was not aware of this case but, suddenly, summons had been issued against him. The petitioner had approached this Court with prayer for pre-arrest bail which was rejected vide order dated 04.10.2024 in connection with AB No. 2712 of 2024. The petitioner is willing to co-operate with the trial. As summons has been issued against him, he is apprehending arrest in connection with this case as he has been shown as absconder in the charge-sheet. I have considered the submissions at the bar with circumspection. I have taken a pragmatic view. As the petitioner is willing to co-operate with the trial, the petitioner is directed to approach the jurisdictional Court within 30 days and apply for bail which may be considered by the Court, in accordance with law. Till then, no coercive action is to be taken. JUDGE Comparing Assistant