Page No.# 1/2 GAHC010280342025 2026:GAU-AS:681 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2980/2025 LUTFAR ALI S/O DELBAR KHAN, RESIDENT OF VILLAGE RAHAMPUR, PS AND DIST BARPETA, ASSAM 781301 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 21.01.2026 Heard Mr B Chowdhury, learned counsel appearing for the petitioner. Also heard Mr K K Das, learned Additional Public Prosecutor, appearing for the State of Assam, who has submitted that the charge sheet has been submitted after due investigation. 2. The learned counsel for the petitioner has drawn our attention to a Judgment of the Apex Court rendered in SLP (Crl.) No. 18081/2024, decided on 17.01.2025, where the Apex Court has observed that once the investigation is over and charge sheet is filed, then the accused should be asked to appear before the Court concerned and should be Page No.# 2/2 allowed to furnish bail to the satisfaction of the Trial Court. In the said case, the Apex Court had directed the petitioner to appear before the concerned Trial Court and furnish bail to the satisfaction of the Court. He has prayed for a similar relief from this Court, submitting that if at all, the Investigating Officer wanted to interrogate the petitioner, he would have been arrested during the course of investigation itself and there was no point in making a formal arrest after the charge sheet is submitted. 3. In the facts and circumstances, the prayer of the counsel for the petitioner to allow the petitioner to appear before the concerned trial Court to pray for regular bail is granted. It is observed that now there is no point in the Investigating Officer attempting to make any formal arrest of the petitioner after filing of the charge sheet. 4. In the aforesaid terms, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant