Rajikul Hoque @Rajikul Haque v. The State of Assam

Page No.# 1/2 GAHC010195452024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2482/2024 RAJIKUL HOQUE @RAJIKUL HAQUE S/O-ISMAIL HOQUE, R/O-VILLAGE KOIMARI PART II, P.S-GOLAKGANJ, DIST-DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : ATIULLAH HAWARI, A R MONDAL,MR. S ISLAM Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

19.09.2024

Heard Mr. S. Islam, the learned counsel appearing for the petitioner. I have also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 482 of the BNS, 2023 praying for grant of Page No.# 2/2 pre-arrest bail in respect of PRC No.2046/2023 arising out of Golakganj P.S. Case No.128/2023 pending in the court of learned Chief Judicial Magistrate, Dhubri.

¶3The present petitioner is shown as an absconder in a charge sheet filed under Sections 448/376/506 of the Indian Penal Code.

¶4Now, the petitioner apprehends that since the offence is triable by a court of Sessions, whenever he appears before the court of learned Chief Judicial Magistrate, he shall be remanded to custody because the court of Chief Judicial Magistrate does not have the jurisdiction to entertain bail application of the present petitioner.

¶5I have considered the submissions made by the learned counsel of both sides.

¶6Since, the petitioner is interested in facing the trial, this Court is of the opinion that he deserves to be given a chance to face the trial.

¶7It is hereby directed that on his appearance before the court of Chief Judicial Magistrate, Dhubri in respect of PRC No.2046/2023 arising out of Golakganj P.S. Case No.128/2023, the petitioner, namely-Rajikul Hoque @ Rajikul Haque shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Dhubri. With the aforesaid direction, the application for bail is disposed of.

JUDGE Comparing Assistant