Abubakar Siddique @ Md Abubakar Siddique and Anr v. The State of Assam

ORDER Date : 12.12.2024 Heard Mr. B. Saikia, learned counsel appearing for the petitioners as well as Mr. R.R. Kaushik, learned Additional P.P. for the State of Assam.

¶2This is an application u/s 482 of the BNSS, 2023 praying for pre-arrest bail in respect Page No.# 2/2 of PRC Case No. 1590/2023 pending in the court of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur.

¶3The petitioners have been charge-sheeted in a Sessions' triable case and the court of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur has issued summons to them. The petitioners now apprehend that if they appear before the court of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, they will be remanded to custody, because this Court has no jurisdiction to entertain their bail application.

¶4The learned counsel for the petitioners submits that the petitioners are interested in facing the trial.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6Since the petitioners are interested in facing the trial, they should be given a chance to face the trial. Therefore, the prayer of the petitioners is allowed.

¶7Accordingly, the petitioners, Abubakar Siddique @ Md. Abubakar Siddique and Faizuddin Ahmed @ Md. Faizuddin Ahmed shall appear before the court of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in respect of P.R.C. Case No. 1590/2023 on

26.12.2024. On their appearance, both the petitioners shall be released on bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010263482024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3263/2024 ABUBAKAR SIDDIQUE @ MD ABUBAKAR SIDDIQUE AND ANR S/O ALI AKBAR VILL- SALMORIA P.S.LALUK DIST. LAKHIMPUR, ASSAM 2: FAIZUDDIN AHMED @ MD FAIZUDDIN AHMED S/O NURUL ISLAM VILL KUMARPUR P.S. LALUK DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY BY THE PP, ASSAM Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA