Mustafizur Rahman v. The State of Assam

ORDER 18-11-2024 Heard Mr. M Hoque, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.

¶2By this application under Section 482 of the BNSS, 2023, apprehending his arrest, the petitioner, namely, Mustafizur Rahman, son of Atowar Rahman, resident of Beltola Rupnagar, Ward No. 19, P.S.-Goalpara, District-Goalpara, is seeking pre-arrest bail in Page No.# 2/2 Goalpara Police Station Case No. 118/2024 registered under Sections 420/387/507 of IPC, corresponding to G.R. No. 846/2024.

¶3Though by order dated 23.09.2024, the Court granted interim pre-arrest bail to the petitioner and directed him to appear before the concerned Investigating Officer of said Goalpara P.S. Case No. 118/2024 within a week, but the case diary placed before the Court today having last entry dated 03.11.2024 clearly indicates that the petitioner did not appear before the concerned I.O. of the case.

¶4By order dated 06.11.2024, the Court directed the learned counsel for the petitioner to apprise the Court as to when the petitioner appeared before the I.O. of said Goalpara P.S. Case No. 118/2024, fixing the matter today. But, the petitioner failed to apprise the Court regarding his appearance before the I.O. in terms of the interim order dated 23.09.2024.

¶5In view of the above, this pre-arrest bail application of the petitioner, named above, in Goalpara Police Station Case No. 118/2024 stands rejected.

¶6Accordingly, interim pre-arrest bail granted to the petitioner in Goalpara Police Station Case No. 118/2024 on 23.09.2024 hereby stands vacated/recalled for non-compliance of the said order by the petitioner.

¶7Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010191772024 2024:GAU-AS:11219 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2510/2024 MUSTAFIZUR RAHMAN S/O-ATOWAR RAHMAN VILL-BELTOLA RUPNAGAR W/NO -19 P.S AND DIST- GOALPARA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. M HOQUE, MR Z HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK