Azad Khan v. The State of Assam

ORDER Date : 04-10-2024

04.10.2024

¶1Heard Mr. N.K. Kalita, the learned counsel for the petitioner. Also heard Mr. R.J. Barua, the learned Addl. PP for the State of Assam. Page No.# 2/2

¶2This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of PRC Case No. 957 of 2024 arising out of Lumding P.S. Case No. 20 of 2024.

¶3The petitioner has been shown as an absconder in the charge-sheet which contains the accusation under Section 307/333/353 of the Indian Penal Code. Since the offences are triable in the Court of Sessions, the petitioner has the apprehension that the Court of the learned Judicial Magistrate, 1st Class, Hojai will remand him to the custody whenever he appears before the Court. The petitioner is interested in facing the trial.

¶4I have considered the submissions made by learned counsel for both sides.

¶5Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to the effect.

¶6Therefore, the prayer is allowed.

¶7Therefore, it is hereby directed that on his appearance before the Court of the learned SDJM, Hojai in respect of PRC Case No. 957/2024, the petitioner Azad Khan shall be released on bail of Rs. 20,000/- with a suitable surety of like amount to the satisfaction of the learned SDJM, Hojai. The bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010210192024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2681/2024 AZAD KHAN S/O RAHMAN KHAN R/O VILL- NO. 1 JARONGDISHA P.O. AND P.S. LUMDING DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N K KALITA, MR D DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA