Page No.# 1/2 GAHC010042942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/503/2025 MUBARAK ALI S/O MD NUR MAHAMMAD R/O VILL-KEHERUKHUNDHA PATHAR P.O. DHEKIAJULI, P.S. THELAMARA DIST.SONITPUR, ASSAM PIN-784001 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS A BORAH,MS A DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.03.2025 1. Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. K. Baishya, 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, praying for pre-arrest bail in respect of PRC Case No.150/2024 Page No.# 2/2 pending in the Court of learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur. 3. The petitioner is shown as an absconder in a Charge-sheet filed under Section 376/506 of the Indian Penal Code. The petitioner claims to be innocent and submits that he want to contest the case before the Trial Court. 4. The petitioner apprehends that since the offences alleged against him are Sessions triable, he shall be remanded to custody, if they appear before the Court of learned Additional Chief Judicial Magistrate, as this Court does not have the jurisdiction to entertain his bail application. 5. I have considered the submissions made by learned counsel for both the sides. 6. This Court is of the opinion that since the petitioner wants to contest the Case, he deserves to be given one opportunity to that effect. 7. Therefore it is hereby directed the petitioner Md. Mubarak Ali @ Moke is directed to appear before the Court of learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur, in respect of PRC Case No.150/2024, he will be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur. 8. With the aforesaid direction, the present bail application stands disposed of. JUDGE Comparing Assistant