An application for pre-arrest bail under Cr.P.C. section 438 in a narcotics case was disposed of without granting bail, directing the petitioner to approach the trial court.
Petitioner directed to approach the trial court for bail.
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GAHC010135862021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2593/2021
JAHIRUL SIKDAR
S/O KHALEK SIKDAR, R/O VILL-DUTURI, P.O.-KAWATIKA, P.S.-BIJNI, DISTCHIRANG, ASSAM, PIN-783390
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR A A DEWAN Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
07-10-2021
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Jahirul Sikdar, apprehending arrest in connection with Bijni Police Station Case No. 141 of 2020 , registered under Section 20(C) of the NDPS Act .
I have perused the petition including the copy of the FIR and the documents annexed therewith.
Heard Mr. A.A. Dewan, learned counsel for the petitioner as well as Mr. Bidyut Sarma, learned Additional Public Prosecutor, appearing for the State of Assam.
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Mr. Sarma, learned Additional Public Prosecutor submits that in the instant case, charge-sheet, vide CS No. 207/2020, dated 30-10-2020, has already been laid by the Investigating Police Officer, after completion of investigation of the case. Accordingly, petitioner is directed to appear before the learned trail Court with an appropriate application for bail, which the learned Court below shall consider and dispose of on its own merit.
The anticipatory bail application stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioner.
1 provisions across 1 enactments
Jahirul Sikdar
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
