Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010064822025
2025:GAU-AS:5336
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/710/2025 AKHER ALI AND ANR S/O LT. KARIM BAKSA, R/O KUNTIRCHAR PART-1, DIST. DHUBRI, ASSAM 2: MARJIN BIBI W/O AKHER ALI R/O KUNTIRCHAR PART-I
DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A S CHOUDHURY,MR A W AMAN,MR.
SURAJIT DAS Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER 01.05.2025 Heard Mr. S. Nawaz, learned counsel for the petitioners. Also heard Mr. D. B. Goswami, learned Additional Public Prosecutor for the State respondent.
This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Dhubri P.S. Case No. 30/2025, under Sections 76/75(2)/64(1)/62/78(2)/79/3(5) of the BNS read with Sections 8/12 of POCSO Act.
The case was fixed today for production of Case Diary; however, it is submitted by Mr. Goswami, learned Additional Public Prosecutor, that the I.O. has already filed charge-sheet, vide Charge-Sheet No. 112/2025, dated 28.03.2025, and accordingly submitted that the present anticipatory bail application has become infructuous.
In this context, Mr. Nawaz, learned counsel for the petitioner, has submitted that after obtaining the order of interim pre-arrest bail, the petitioner No. 2 has already appeared before the I.O. and her statement under Section 161 Cr.P.C. has already been recorded and hence, prayed for extending the interim pre-arrest bail till her appearance before the learned Court below.
Considering the submissions made by the learned counsels appearing for both sides and also considering the fact that the I.O. has already filed charge-sheet, vide Charge-Sheet No. 112/2025, dated 28.03.2025, the petitioner No. 2 is hereby directed to appear before the learned Court below within 15 (fifteen) days from the date of this
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order with an appropriate application for grant of regular bail, which shall be considered by the learned Court below in accordance with law.
Till then, interim pre-arrest bail granted to the accused/ petitioner No. 2, namely, Marjina Bibi, vide order dated 27.03.2025, shall remain extended.
In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant