Anowar Hussain @ Anowar Ali v. The State of Assam

ORDER Date : 01.04.2024

Heard Mr. A.Kuddus, learned counsel for petitioner and Mr. M.P.Goswami, learned Addl. Public Prosecutor, Assam appearing for State respondent. This is an application filed under Section 438 of Cr.P.C., praying for granting pre-arrest bail to the petitioner, namely, Anowar Hussain @ Anowar Ali, in connection with PRC Case No.1081/2022 arising out of Jogighopa P.S. Case No. 170/2015 under Sections 366/376/34 of Page No.# 2/2 the IPC r/w Section 5/6 of Immoral Trafficking Prevention Act, pending in the court of learned SDJM (M), North Salmara, Abhayapuri. It is submitted by the learned counsel for the petitioner that part charge-sheet has been submitted showing the petitioner as absconder in the charge sheet. According to the learned counsel for the petitioner, as charge sheet has been submitted and there is no allegation against the petitioner regarding his involvement in the alleged offence, the petitioner may be granted the benefit of pre-arrest bail. On the other hand, learned Addl. Public Prosecutor, submits that charge sheet has been submitted and in the charge sheet petitioner has been shown as absconder. As per charge sheet, it reveals that on apprehension of other accused, additional charge sheet will be submitted. Considering the submission of the parties, matter is disposed with a direction to the petitioner to surrender before the trial court and if any bail application is filed, the learned trial court shall consider the prayer in accordance with law. The anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010065692024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/833/2024 ANOWAR HUSSAIN @ ANOWAR ALI S/O SUKUR ALI, VILL- CHALANTAPARA, PT-III (SILKATARI), P.S.- JOGIGHOPA, DIST-BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A KADDUS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI