Babla Saikia v. The State of Assam

ORDER Date : 22.08.2024 Heard Mr. L. Gogoi, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023, praying for pre-arrest bail in respect of PRC Case No.1334/2021 pending in the Court of learned SDJM, Hojai, Sankardev Nagar.

¶3The petitioner has been Charge-sheeted in the Sessions triable case, now he Page No.# 2/2 apprehends that since the learned SDJM does not have the jurisdiction to grant bail, he shall be remanded to custody.

¶4The petitioner submits that he is interested to face the trial.

¶5I have considered the submissions made by the learned counsels of both the sides, since the petitioner wants to face the trial, he does not deserve to be detained in custody.

¶6Therefore, the prayer is allowed.

¶7The petitioner is hereby directed to appear before the learned SDJM, Hojai, Sankardev Nagar within next 10(ten) days from today and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the SDJM, Hojai, Sankardev Nagar.

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

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010169872024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2202/2024 BABLA SAIKIA S/O BABUL SAIKIA, R/O VILL- LANKA TOWN, WARD NO.7, P.O. AND P.S. LANKA, DISTRICT HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA