Tahirul Islam v. The State of Assam

ORDER

19.11.2024 Heard Mr. T. A. Laskar, learned counsel for the petitioner and Mr. D. P. Goswami, learned Additional Public prosecutor. This is an application filed under Section 482 of BNS, praying for pre-arrest bail by the petitioner, namely, Tahirul Islam, in connection with PRC Case No. 977/2023, registered under Section 448/376/500/506 of IPC Page No.# 2/2 pending in the court of learned CJM, Hojai. Learned counsel for the petitioner submits that during submission of charge-sheet and subsequent dates, the petitioner was out of the country as such he was not in a position to participate in the investigation and prayed to extend the benefit of pre-arrest bail. On the other hand, Mr. Goswami learned Public Prosecutor submits that as per order of this Court dated 18.09.2024, the petitioner was directed to approach before the trial court but the petitioner did not appear before the trial court. It is further submitted that during investigation, the petitioner was also not available and as such he was shown as absconder in the charge-sheet. However, the petitioner may approach before the trial court seeking regular bail. In view of above, the petitioner is directed to approach before the court of learned CJM, Hojai seeking regular bail and in the event of filing any bail application, learned CJM, Hojai will consider the matter in accordance with law. Accordingly, this anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010237762024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3015/2024 TAHIRUL ISLAM S/O LT. ATAUR RAHMAN A RESIDENT OF VILL- CHARING PATHER, P.S. MURAJHAR, DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR S A BARBHUYAN, A BORBHUYAN,T A LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI