Bipul Adhikary v. The State of Assam

ORDER

26.09.2024

Heard Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. K. Bhaisya, learned Additional Public Prosecutor for the State respondent.

This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Bongaigaon P.S. Case No.186/2024, under Section 420 of IPC read with Sections 13/14 of the Assam Game and Betting Act, 1970.

Mr. Bhaisya, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No. 163/2024, dated

27.08.2024.

In this context, Mr. Chakraborty, learned counsel for the petitioner, submits that the present petitioner is already on interim pre-arrest bail and hence his interim protection may be extended so that he can appear before the learned Trial Court seeking regular bail.

Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet, vide Charge-Sheet No. 163/2024, dated 27.08.2024, it is provided that the petitioner shall appear before the Page No.# 3/3 learned Court below within 10 (ten) days from today 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, it is provided that the interim pre-arrest bail, granted to the accused/petitioner by this Court vide order dated 24.07.2024, shall remain extended for another 10 (ten) days from today, enabling the petitioner to appear before the learned Court below for filing fresh application for regular bail.

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

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010138002024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1792/2024 BIPUL ADHIKARY S/O- SUKUMAR ADHIKARI, R/O- NAYAPARA, PART I, P.O AND P.S- BONGAIGAON, PIN-783380, DIST- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM Advocate for the Petitioner : Ranajit kumar Saha, MR. B CHAKRABORTY,MR. S P BHATTACHARJEE,MS. JAYA SAIKIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA