Khirod Laskar and Anr v. The State of Assam

ORDER Date : 19.12.2024 Heard Mr. N. Mahajan, learned counsel appearing for the petitioners and Mr. D.P. Page No.# 2/2 Goswami, learned Additional Public Prosecutor for the state of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 in respect of PRC Case No. 1165 arising out of Raha P.S. Case No. 111/2021.

¶3Both the petitioners are shown as absconders in the charge-sheet. Therefore, the petitioners have apprehended that if they appear before the Court of the learned Chief Judicial Magistrate, Nagaon, they will be remanded to custody because this Court has no jurisdiction to entertain their bail application.

¶4Mr. Mahajan has submitted that the petitioners are interested in facing the trial.

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

¶6This Court is of the opinion that since the petitioners are interested in facing the trial, for the ends of justice, they should be given one opportunity to that effect. Therefore, their bail application is allowed.

¶7It is hereby directed that wherever the petitioners, Khirod Laskar & Enamul Hoque appear before the Court of the learned Chief Judicial Magistrate, Nagaon in connection with of PRC Case No. 1165 arising out of Raha P.S. Case No. 111/2021, they shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon.

¶8With the aforesaid direction, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010275272024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3387/2024 KHIROD LASKAR AND ANR S/O LATE AMAL LASKAR R/O VILL NIZ NARIKALI (BORAGURI P.S. KAMPUR DIST. NAGAON, ASSAM 2: ENAMUL HOQUE S/O MAINUL HOQUE ROVILL- SEWGORI P.S. KAMPUR DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA