Ajmot Ali and Anr v. The State of Assam

ORDER Date : 06.12.2024

Heard Mr. S. Alom, learned counsel appearing for the petitioners and Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the state of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of Page No.# 2/2 pre-arrest bail to the petitioners in respect of PRC Case No. 297/2024.

¶3A charge sheet has been filed against both the petitioners alleging that they had committed sessions' triable offences.

¶4Now, the petitioners have apprehended that if they appear before the court of the Chief Judicial Magistrate, Kokrajhar, they will be remanded to custody because that court has no jurisdiction to entertain the bail application.

¶5The petitioners have submitted that they are interested in facing the trial as they are not involved in this case.

¶6I have considered the submissions made by the learned counsels of both sides.

¶7Since the petitioners are interested in facing the trial they deserve to be given an opportunity to face the trial.

¶8The bail application of the petitioners is allowed.

¶9Both the petitioners are directed to appear before the court of the Chief Judicial Magistrate, Kokrajhar in respect of PRC Case No. 297/2024. On their appearance, the petitioners, Ajmot Ali and Jakir Ali shall be released on bail of Rs. 20,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar.

¶10With the aforesaid direction, the bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010233002024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2935/2024 AJMOT ALI AND ANR S/O LATE ALIMUDDIN R/OVILL- BHODEYAGURI P.S. KOKRAJHAR, DIST. KOKRAJHAR, ASSAM 2: SHRI JAKIR ALI S/O AJMOT ALI R/O VILL- BHODEYAGURI P.S. KOKRAJHAR DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M S ALAM, MD. S ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA