The Gauhati High Court disposed of an application for pre-arrest bail under Section 438 CrPC in an NDPS case where the charge-sheet had been filed. The court directed the petitioner to approach the trial court for bail on merits.
Petitioner directed to approach the trial court for bail consideration on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010014002022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/224/2022
SUBASH DAS
SON OF LATE SIMON DAS
R/O SILONIJAN CHARIALI SILONIJAN, P.O. AND P.S. BARPATHAR, DIST. KARBI ANGLONG, ASSAM-785602, PHONE NO. 9864219964
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M AGARWALLA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 10-02-2022
The court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.
Heard Mr. K Boruah, learned counsel for the petitioner. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor, appearing for the State
Page No.# 2/2
respondent.
This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the petitioner, namely, Sri Subash Das, in connection with Tinsukia Police Station Case No. 1854/2021 registered under Sections 21(b)/29 of the NDPS Act.
It has been submitted by Mr. Baruah, learned Additional Public Prosecutor that charge-sheet has been laid, vide CS No. 9/2022, dated 29.01.2022 in the instant case by the Investigating Police Officer. That being so, if so advised, the petitioner shall appear before the learned court below with an appropriate application for bail, which the learned court below shall consider on its own merit.
With the above observations and directions, this petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail in an NDPS case where the charge-sheet has been filed.
Subash Das
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
