Dulal Kazi and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010030902024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/391/2024o DULALoKAZIoANDoANR.o S/OoLT.oAMIRoKAZIo R/OoVILL-oBALATARI,o P.S.oFAKIRGANJ,o DIST.oDHUBRI,oASSAM 2:oSHUKZANoNESSA oW/OoDULALoKAZIo R/OoVILL-oBALATARI o P.S.oFAKIRGANJ o DIST.oDHUBRI oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oRASHIDULoISLAMo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

18.03.2024

Heard Mr. R. Islam, learned counsel appearing for the petitioners. Also heard Ms. A. Begum, learned Addl. P.P., Assam appearing for the State respondent.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973 for seeking pre-arrest bail to the accused/petitioners, namely, Dulal Kazi and Shukzan Nessa, who are apprehending arrest in connection with PRC Case No. 1462/2023 under Sections 306/34 IPC arising out of Fakirganj P.S.

Case

No.

52/2017,

registered

under

Sections 120(B)/498(A)/304(B)/34 IPC.

¶3It is submitted at the Bar that the Trial Court has taken cognizance of the offence in terms of the charge-sheet which has been submitted under Section 120(B)/498(A)/304(B) IPC. It is further submitted that the next date fixed before the Trial Court is on 22.05.2024.

¶4Mr. R. Islam, learned counsel for the petitioner submits that the petitioners are willing to appear on the next date fixed and assured that they will be appearing regularly before the Trial Court on all dates, as and when fixed.

¶5Considering the aforesaid endorsement, this Court is of the considered view that this anticipatory bail can be disposed of with a direction that the petitioner shall appear before the Court of learned Sessions Judge, Dhubri, on 22.05.2024 and till then, the petitioners shall not be arrested.

¶6Ordered accordingly. Page No.# 3/3

¶7It is needless to clarify that upon his appearance, the learned Trial Court is at liberty to proceed in accordance with law.

¶8This disposes of the anticipatory bail application. Send back the case diary.

JUDGE Comparing Assistant