Aynal Hoque v. The State of Assam

ORDER

19.01.2024

Heard Mr. A.M. Khan, learned counsel for the applicant and Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.

¶2This application, under Section 438 of the Code of Criminal Procedure, is preferred by applicant namely, Aynal Hoque, who has been apprehending arrest in connection with Baghbar P.S. Case No. 52/2023, under Sections 120[B]/420/409 of the IPC, read with Section 7 of the EC Act, for grant of pre-arrest bail. Page No.# 2/2

¶3Mr. Sharma, learned Additional Public Prosecutor submits that he has not received the case diary, but he has the instruction that the I.O. has already completed investigation and laid Charge-Sheet against the applicant, under Sections 120[B]/420 of the IPC read with Section 7[ii] of the EC Act, vide Charge-Sheet No. 01/2024, dated 13.01.2024.

¶4In view of above, this anticipatory application stands disposed of by directing the applicant to appear before the learned court below on

05.02.2024, and to apply for regular bail and in event of filing such an application, the learned Court below shall consider the same in accordance with law.

¶5Till then, the interim order dated 11.09.2023, shall continue.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010201022023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3077/2023 AYNAL HOQUE S/O. LATE AKBAR ALI, VILL. SATRAKONARA SEAT NO.6, P.O. SATRAKONARA, P.S. BAGHBAR, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM. Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN