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2025 DAILYLAW 8182 (GAU)

EMRAN ALI AND 2 ORS. v. THE STATE OF ASSAM

AB/484/2025 · 2025-03-02

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010039792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/484/2025 EMRAN ALI AND 2 ORS. S/O KARIM ALI R/OVILL-BHATIPARA P.S. MANIKPUR DIST. BONGAIGAON, ASSAM 2: NAJIMUL ALI S/O LT. SABAR ALI R/OVILL- BHATIPARA P.S.MANIKPUR DIST. BONGAIGAON ASSAM 3: KALIM ALI @KARIM ALI S/O LATE SABAR ALI R/O VILL- BHATIPARA P.S. MANIKPUR DIST. BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.03.2025 1. Heard Mr. M. I. Hussain, learned counsel for the petitioners. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in respect of PRC Case No.404/2024 pending in the Court of learned Additional Chief Judicial Magistrate, Bongaigaon. 3. The petitioners are shown as absconders in a Charge-sheet, which alleged commission of the offence under Section 306 of the Indian Penal Code. Now the Petitioners have apprehended that since the said offence is triable by Court of Sessions, they will be remanded to custody, if they appear before the Court of learned Additional Chief Judicial Magistrate, Bongaigaon in respect of PRC Case No.404/2024. 4. The learned counsel for the petitioners submits that the petitioners are willing to contest the Case before the Trial Court and therefore they deserve to be given one opportunity to that effect. 5. I have considered the submissions made by learned counsel for both the sides. The prayer of the petitioners is allowed. 6. The petitioners Emran Ali, Najimul Ali and Kalim Ali @ Karim Ali are directed to appear before the Court of learned Additional Chief Judicial Magistrate Bongaigaon in respect of PRC Case No.404/2024, on their appearance, they shall be released on bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Bongaigaon. Page No.# 3/3 7. With the aforesaid direction, the present bail application stands disposed of. JUDGE Comparing Assistant