Ajoy Kr Ray v. The State of Assam

ORDER Date : 08.08.2024 Heard Mr. G. Chamuah, the learned counsel appearing for the petitioner as well as Mr. K.K. Parasar, the learned Additional P.P. for the State of Assam.

¶2This is an application u/s 482 of BNSS, 2023 praying for grant of pre-arrest bail Page No.# 2/2 to the petitioner in respect of PRC Case No. 1966/2023 arising out of Golakganj P.S. Case No. 186/2023 pending in the court of the learned Chief Judicial Magistrate, Dhubri.

¶3The petitioner has been charge-sheeted in a case u/s 376 of the Indian Penal Code. In the charge sheet, the petitioner is shown as an absconder.

¶4Therefore, now the petitioner apprehends that if he appears before the trial court, Dhubri, he will be remanded to custody as because this Court has no jurisdiction to entertain this application.

¶5I have considered the submissions made by Mr. G. Chamauh as well as Mr. Parasar. I have also gone through the evidence available in the record.

¶6Since the petitioner wants to face trial, he should be given one opportunity. Therefore, his prayer for bail is allowed.

¶7Therefore, it is hereby directed that on his appearance before the court of the learned Chief Judicial Magistrate, Dhubri, the petitioner, namely, Ajoy Kr. Ray shall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhubri.

¶8With the aforesaid direction, the anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010158302024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2086/2024 AJOY KR RAY S/O ROBINATH MILI R/O CHAPAR BAMUNDANGA P.O. CHAPAR P.S. GOLAKGANJ DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D GOGOI, MR P H KONWAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA