The High Court dismissed the anticipatory bail application after the charge sheet was filed, permitting the applicant to seek regular bail before the Trial Court while the interim order remains in force.
Application disposed of allowing the applicant to seek regular bail from the Trial Court. Interim order remains in force.
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.
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GAHC010038312023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/602/2023
KUDRAT ALI S/O SOBAHAN ALI VILL- CHAKARABASTI P.O. CHAKARABASTI, P.S. DALGAON DIST. DARRANG, ASSAM PIN-784116
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S CHAUHAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 10-10-2023
Heard Mr. S Chauhan, learned counsel for the applicant and Mr. R J Baruah, learned Addl. PP, Assam.
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By this application under section 438 Cr.P.C., the applicant, namely, Kudrat Ali has prayed for granting pre arrest bail who is apprehending arrest in connection with Dalgaon PS Case No.46/2023 under sections 366/376/313/419/506/34 IPC .
It is submitted by the learned Addl. PP that the charge sheet being CS No.214/2023 dated 19.06.2023 in connection with Dalgaon PS Case No.46/2023 has already been filed by the Investigating Officer after completion of the investigation.
In that view of the matter, the instant application stands disposed of by permitting the applicant to appear before the learned Trial Court by filing appropriate application seeking regular bail.
The interim order passed earlier shall remain in force till the matter is committed to the court of the learned jurisdictional Sessions Judge and the applicant shall appear before the learned Trial Court on receipt of summon and seek regular bail. In the event of such appearance seeking regular bail, the same shall be considered in accordance with law.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the anticipatory bail application in connection with sections 366/376 IPC should be dismissed in view of the filed charge sheet.
Whether the applicant should be permitted to seek regular bail before the Trial Court.
Whether the interim order should remain in force until the matter is committed to the Sessions Court.
2 provisions across 2 enactments
Kudrat Ali
The State of Assam
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
