Disposed

Anarul Hussain @ Anuwar and Anr. v. the State of Assam

Gauhati HC2 Jan 2023AB/2500/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application under Section 438 CrPC filed by two accused facing charges under IPC and animal cruelty laws. The court directed the applicants to seek regular bail within 15 days while extending interim protection.

What did the court decide?

Interim bail protection extended pending disposal of regular bail application to be filed within 15 days.

Anarul Hussain @ Anuwar and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010173562022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2500/2022

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ANARUL HUSSAIN @ ANUWAR AND ANR S/O ABDUL MOTLEB R/O NIZ SAIDARIA, SAIDORIA DIST. NAGAON, ASSAM

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2: HABIBUR RAHMAN S/O ABDUL MALEK R/O VILL-RUPAHI TOWN RUPAHI P.S. RUPOHI DIST. NAGAON ASSA VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. T CHUTIA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HON’BLE MR. JUSTICE ROBIN PHUKAN

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O R D E R

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02.01.2023.

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Heard Mr. T. Chutia, learned counsel for the applicant. Also heard Mr. RJ Baruah,

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Page No.# 2/2

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learned Addl. P.P., Assam appearing for the State respondent.

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This application, under Section 438 of the Code of Criminal Procedure, is preferred by two applicants, namely, (1) Anarul Hussain @ Anuwar and (2) Habibur Rahman, who have been apprehending arrest in connection with Basistha P.S. Case No.736/2022, under Section 379/34 of the IPC, read with Section 13(1) of the Assam Cattle Preservation Act, read with Section 11(1)(d) of the Prevention of Cruelty to Animal Act, for grant of pre-arrest bail.

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On instruction, Mr. RJ Baruah, learned Addl. P.P., Assam submits that the I.O. has already completed investigation and laid Charge-Sheet against the accused/applicants, vide Charge-Sheet No.212/2022, dated 21.09.2022, before the learned Court.

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In view of above, this anticipatory application stands disposed of by directing the applicants to appear before the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, within a period of 15 (fifteen) days from today and to apply for regular bail and in event of filing such petition, the learned Court below shall consider and dispose of the same in accordance with law.

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Till then, this Court is inclined to extend the interim protection, granted earlier to the applicants, vide order dated 01.09.2022.

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In terms of above, this anticipatory bail application stands disposed of.

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JUDGE

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Comparing Assistant

Anarul Hussain @ Anuwar and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Anarul Hussain @ Anuwar and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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