Ejas Ali Khan v. The State of Assam

ORDER

23.04.2024

Heard Mr. N. Ahmed, learned counsel for the petitioner and Ms. B. Bhuayn, learned Senior Counsel & Additional Public Prosecutor for respondent State of Assam.

¶2By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the Page No.# 2/3 petitioner viz. Ejas Ali Khan has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Abhayapuri Police Station Case no. 318/2023 registered under Section 498A, Indian Penal Code [IPC].

¶3The petitioner is the husband of the informant. The First Information Report [FIR] in connection with Abhayapuri Police Station Case no. 318/2023 was lodged on 21.07.2023 naming four persons as accused. The said FIR was lodged by one Halide Parbin wherein her husband i.e. the present petitioner Ejas Ali Khan has been named accused no. 1.

¶4The petitioner was provided interim protection by an order dated 21.07.2023 with the further direction to him to appear before the Investigating Officer [I.O.] of the case within a period of 10 [ten] days from 21.07.2023.

¶5Mr. Ahmed, learned counsel for the petitioner has submitted that pursuant to the order dated 21.07.2023, the petitioner appeared before the I.O. of the case and joined the investigation.

¶6Ms. Bhuyan, learned Senior Counsel & Additional Public Prosecutor has submitted that the I.O. of the case after completion of investigation, has already submitted a charge sheet under Section 173[2], CrPC vide Charge Sheet no. 285/2023 dated 31.07.2023. Ms. Bhuyan has submitted that telephonic instruction has been received that the present petitioner has been charge sheeted.

¶7As the petitioner was provided interim protection by order dated 21.07.2023 whereafter he joined the investigation and the charge sheet has been submitted after completion of investigation thereafter, this application preferred under Section 438, CrPC is closed providing that the benefit of pre-arrest bail under Section 438, CrPC granted in favour of the petitioner by order dated 21.07.2023 shall be in effect till his appearance before the learned jurisdictional trial court on the date fixed for his appearance in the summons, served upon him, to be issued by the learned jurisdictional trial court. It is observed that upon his such appearance before the learned jurisdictional trial court, the petitioner will be at liberty to Page No.# 3/3 prefer an application seeking regular bail and in the event such an application is preferred by the petitioner, the learned jurisdictional trial court will consider the same on its own merits and in accordance with law.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010157282023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2510/2023 EJAS ALI KHAN S/O NAYAN ALI KHAN R/O VILL- CHAKLA P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY