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2025 DAILYLAW 8448 (GAU)

APURBA DUTTA v. THE STATE OF ASSAM,

AB/481/2025 · 2025-04-02

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010043332025 2025:GAU-AS:4000 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/481/2025 APURBA DUTTA S/O LATE KANAK DUTTA, R/O ABHOIPURIA, P.O. MORABAZAR, P.S. AMGURI, DISTRICT SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM, REP BY THE PP, ASSAM Advocate for the Petitioner : , MR. D GOGOI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 03.04.2025 Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Silapathar P.S. Case No.147/2024, under Sections 303(2)/317 (2) of BNS read with Section 53 (I) (a) of Assam Excise Act, 2000. Mr. Baruah, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No.49/2025, dated 25.03.2025. In this context, Mr. Gogoi, learned counsel for the petitioner, submits that the present petitioner is already on interim pre-arrest bail and hence his interim protection may be extended so that he can appear before the learned Trial Court seeking regular bail. Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet, vide Charge- Sheet No.49/2025, dated 25.03.2025, it is provided that the petitioner shall appear before the learned Court below within 15 (fifteen) days from today and on his appearance and on his filing a petition for grant of regular bail, the Page No.# 3/3 learned Court below shall consider the same in accordance with law. Till then, it is provided that the interim pre-arrest bail, granted to the accused/petitioner by this Court vide order dated 03.03.2025, shall remain extended for another 15 (fifteen) days from today, enabling the petitioner to appear before the learned Court below for filing fresh application for regular bail. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant