Page No.# 1/3 GAHC010056472025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/644/2025 HIKMAT ALI S/O LT. SOLUMUDDIN VILL-KHANDAKARPARA PO. JASHIHATIPARA P.S.HOWLY DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED, MR N ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 11.04.2025 1. Learned Counsel Mr. J.Ahmed is present for the petitioner Hikmat Ali who has filed this application under Section 482 of the BNSS, 2023 praying for pre- arrest bail apprehending arrest in connection with PRC Case No.1900/2023 Page No.# 2/3 under Section 304(B)/34 pending in the court of learned CJM, Barpeta. 2. Learned Addl.Public Prosecutor Mr. R.J.Baruah is present for the State respondent. 3. It is submitted on behalf of the petitioner that he has earlier preferred a petition for quashing the entire proceeding but he is willing to withdraw the criminal proceeding as he is apprehending that there is no scope for quashing. The petitioner is willing to co-operate with the trial. He has been shown absconder in the Charge sheet. 4. He is willing to appear before the court and co-operate with the investigation and the last order passed by the jurisdictional court has been annexed as Annexure-9 of the petition which clearly reveals that on 03.03.2025, summons has been issued against the other accused whereas the petitioner had preferred a petition for adjournment. As the case is pending in the court of learned CJM, Barpeta, the petitioner is apprehending that he will be forwarded to custody. 5. Learned Addl.Public Prosecutor has raised serious objection stating that the petitioner has not co-operated with the investigation and thus Charge Sheet has been submitted against him showing him as absconder. Petitioner is not entitled to pre-arrest bail owning to his conduct. 6. I have considered the submissions at the Bar with circumspection. 7. It appears that interim pre-arrest bail may be granted to the petitioner as he is willing to co-operate with the trial. Page No.# 3/3 8. I have also taken a pragmatic view. 9. The petitioner is directed to appear before the learned CJM, Barpeta and the learned court may grant bail to the petitioner on his executing a bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the learned Court. Learned Court may also impose conditions to secure the attendance of the petitioner. The anticipatory bail application stands disposed of. JUDGE Comparing Assistant