Rupchan Ali v. The State of Assam

ORDER Date : 22.02.2024

Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3

This is an application under Section 438 of the Code of Criminal Procedure praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Manikpur P.S. Case No. 171/2023, under Sections 457/376 of the Indian Penal Code.

The case was fixed today for Case Diary; however, it is intimated by the learned Additional Public Prosecutor, Mr. K. K. Das, that the I.O. has already filed Charge-Sheet, vide Charge-Sheet No. 180/2023, dated 30.11.2023, and accordingly submitted that the present anticipatory bail application has become infructuous.

In this context, the learned counsel for the petitioner, Mr. Mr. M. Khan, 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. 180/2023, dated 30.11.2023, the petitioner is hereby directed to appear before the learned Court below within 15 (fifteen) days from the date of passing of this order, and on his appearance and on his filing a petition for grant of regular bail, the learned Court below shall consider the same in accordance with law.

Till then, interim protection extended to the accused/petitioner, namely, Page No.# 3/3 Rupcham Ali, vide order dated 09.10.2023, shall continue.

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

Page No.# 1/3 GAHC010226652023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3448/2023 RUPCHAN ALI S/O AYNAL HOQUE R/O VILL- MONAKOCHA, P.S. MANIKPUR, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA