Apu Das and Anr v. The State of Assam

ORDER

09.02.2024 Heard Mr. U. U. Khan, learned counsel for the applicants. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 438 of the Code of Criminal Procedure, 1973 for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Karimganj P.S. Case No.906/2023 under Sections 307/325/323/498(A)/294/34 of the Indian Penal Code.

Mr. Parasar, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already filed Charge-Sheet against the accused/petitioner No.1, namely Apu Das in connection with this case, vide Charge-Sheet No. 597/2023, dated

31.12.2023. Thus, he accordingly, prays to discharge the accused/petitioner No.2 namely Sampa Das from the instant case.

Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet against the petitioner No.1, vide Charge-Sheet No. 597/2023, dated 31.12.2023, it is provided that the petitioner No.1 shall appear before the learned Court below within 15 (fifteen) days from today and on his appearance and on his filing a petition for grant of regular bail, the learned Court below shall consider the same in accordance with law. Further, the anticipatory bail application, in regard Page No.# 3/3 to the petitioner No.2 has become infructuous.

In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010017642024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/236/2024o APUoDASoANDoANRo SONoOFoRAGHUoDAS,oR/O-oRAMPASHA,oP.S.oKARIMGANJ,oDISTRICT-o KARIMGANJo(ASSAM) 2:oSAMPAoDAS oDAUGHTERoOFoRAGHUoDAS oR/O-oRAMPASHA oP.S.oKARIMGANJ oDISTRICT-oKARIMGANJo(ASSAMo VERSUSo THEoSTATEoOFoASSAMo TOoBEoREPRESENTEDoBYoTHEoPUBLICoPROSECUTORoASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoAHMEDo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA