Kabir Ahmed v. The State of Assam

ORDER Date : 27.02.2024

Heard Mr. M. K. Choudhury, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 438 of the Code of Criminal Procedure Page No.# 2/3 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Kachudaram P.S. Case No. 92/2023, under Sections 120(B)/406/420/409/506/34 of the Indian Penal Code.

The case was fixed today for production of Case Diary; however, it is submitted by the learned Additional Public Prosecutor, Mr. K. K. Parasar, that the I.O. has already filed Charge-Sheet, vide Charge-Sheet No. 58/2023, dated

30.09.2023, and accordingly submitted that the present anticipatory bail application has become infructuous.

In this context, Mr. M. K. Choudhury, learned counsel for the petitioner, has submitted that after obtaining the order of interim pre-arrest bail, the petitioner has already appeared before the I.O. and his statement under Section 161 Cr.P.C. has already been recorded and hence, prayed for extending the interim pre-arrest bail till his appearance before the learned Court below. Considering the submissions made by the learned counsels appearing for both sides and also considering the fact that the I.O. has already filed Charge-Sheet, vide Charge-Sheet No. 58/2023, dated 30.09.2023, the petitioner is hereby directed to appear before the learned Court below within 15 (fifteen) days from the date of passing of this order with an appropriate application for grant of regular bail, which shall be considered by the learned Court below in accordance with law.

Till then, interim protection extended to the accused/petitioner, namely, Kabir Ahmed, vide order dated 30.08.2023, shall continue. Page No.# 3/3

In terms of above, this anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010182992023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2878/2023 KABIR AHMED S/O- LATE HAJI ABDUL BARI, VILL AND P.O.- RAMMANIKPUR, P.S. KACHUDARAM, DISTRICT- CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MD. M H CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA