Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/507/2025 ABDUL BARIQUE S/O BAKTAR ALI VILL-CHAPUPARA GAON P.O.CHAKPURARA BAZAR P.S. CHHAYGAON, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, GOVT.OF ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,J M SULAIMAN,MR. A WAHAB Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER Date : 05.03.2025 Heard the learned Senior Counsel, Mr. HRA Choudhury assisted by Mr. A. Wahab, the
learned counsel appearing for the petitioner as well as Mr. DP Goswami, the learned Additional Public Prosecutor appearing for the State of Assam.
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2. This is an application u/s 482 of the BNSS, 2023 in respect of PRC Case No.51/2025 (GR Case No.1399(K)/2024) pending in the court of the learned JMFC, Amingaon, Kamrup.
3. The petitioner has been shown as an absconder in the charge-sheet alleging commission of Sessions’ triable offence.
4. The learned counsel for the petitioner submits that he wants to contest the case but he apprehends that if he appears before the court below, he will be remanded to custody because that court has no jurisdiction to entertain his bail application.
5. I have considered the submissions made by the learned counsel of both sides.
6. This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. Therefore, his bail application is allowed.
7. It is hereby directed that the petitioner, Md. Abdul Barique shall appear before the court of the learned Judicial Magistrate 1st Class, Amingaon, Kamrup in connection with PRC Case No.51/2025. On his appearance, he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Amingaon, Kamrup. With the aforesaid direction, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant