Mostafa Ali v. The State of Assam

ORDER Date : 13.08.2024 Heard Mr. S. Das, the learned counsel appearing for the petitioner. Also heard Mr.R.R. Kaushik, the learned Additional P.P. for the State of Assam. Page No.# 2/2

¶2This is an application under Section 482 of BNSS, 2023 praying for pre-arrest bail in respect of PRC Case No. 4511/2022.

¶3The petitioner has been charge-sheeted in a case under Sections 365/384/344/346 read with Section 34 of the said Code. The trial court issued non-bailable warrant of arrest against the petitioner. The petitioner apprehends that if he appears before the trial court, he will be remanded to custody because the court does not have the jurisdiction to entertain the bail application in a session's triable case.

¶4Since the petitioner wants to face trial, therefore, his bail application is allowed.

¶5It is hereby directed that on appearance of the petitioner before the court of the learned Chief Judicial Magistrate, Dhubri in connection with PRC Case No. 4511/2022, the petitioner, namely, Mostafa Ali 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.

¶6With the aforesaid direction, the bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010161822024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2115/2024 MOSTAFA ALI S/O LATE JAMSER ALI VILL- KHODARCHAR SAGOLCHARA PT.I, P.O. HOWRARPAR P.S. DHUBRI DIST. DHUBRI, ASSAM PIN-783324 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR S A BARBHUYAN,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA