Application for anticipatory bail under Section 438 Cr.P.C. sought apprehension of arrest in a Special NDPS case pending before the Sessions Judge, Karimganj. Court found no reasonable apprehension of arrest as summons had already been issued.
Petitioner directed to appear before trial court in response to summons and file regular bail application.
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GAHC010139952023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2255/2023
SHARIF UDDIN
S/O LT. ABDUR RAKIB @ ABDUL RAKIB R/O KHAGAIL P.A KARIMGANJ DIST KARIMGANJ ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. D BORA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 17.08.2023
Heard Mr. D Bora, learned counsel for the petitioner as well as Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent.
By this petition under Section 438 Cr.P.C., the petitioner, namely, Sharif Uddin has prayed for grant of pre-arrest bail apprehending arrest in connection with Special (NDPS) Case No. 170/2022 pending in the Court of learned
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Sessions Judge, Karimganj ( arising out of Ramkrishna Nagar PS Case No. 165/2022) under Section 21 (c) /25/29 of the NDPS Act.
Scanned copy of case LCR is placed before the Court.
On perusal of the case records, it reveals that summons has been issued to the petitioner who is arrayed as an accused in the charge-sheet and as such, this Court finds that there is no reasonable apprehension of the petitioner being arrested in connection with the aforesaid case.
In view of above, petitioner shall appear before the learned trial court in response to the summons issued to him and file regular bail application and if such bail application is filed, the same shall be considered and disposed of in accordance with law.
This disposes of the anticipatory bail application.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant anticipatory bail on apprehension of arrest in a NDPS case.
Whether there is reasonable apprehension of arrest warrant issuance.
2 provisions across 2 enactments
Sharif Uddin
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
