Application for anticipatory bail granted on operative condition that notice under Section 41A Cr.P.C. must be served before any action in connection with the unfortunate death of Gulzar Alom.
Anticipatory bail granted subject to condition of Section 41A notice service.
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GAHC010054182023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/912/2023
ISLAM UDDIN AHMED
S/O- AKLASUR RAHMAN, VILL.- ROUTGRAM CHAK (MOUZKARNI), P.O. JADUTILLA, P.S. AND DIST. KARIMGANJ, ASSAM, PIN- 788720, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A K TALUKDAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 06-04-2023
Heard Mr. A.K. Talukdar, learned counsel for the applicant. Also heard Mr. P.
Borthakur, learned Addl. P.P. Assam who submits on instruction that no case has yet been
registered against the applicant. Therefore, the question of granting anticipatory bail does not arise in this case.
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Mr. Talukdar has expressed apprehension by stating that the Police is repeatedly
harassing his client. Taking note of the submission of the learned counsel for the applicant, this anticipatory bail application is hereby disposed of by providing that in the event any case being registered against the applicant in connection with unfortunate death of the child, viz. Gulzar Alom, notice under Section 41A of the Cr.P.C. be served upon the applicant before taking any action in the matter against him.
The written instruction dated 03-04-2023 obtained by Mr. P. Borthakur, learned Addl. P.P. Assam be retained in the record of this case.
With the above observation, this anticipatory bail application stands closed.
JUDGE
GS
Comparing Assistant
1 issue framed by the court
Whether anticipatory bail should be granted where no case has been registered but harassment is apprehended.
1 provisions across 1 enactments
Islam Uddin Ahmed
The State of Assam represented by the Public Prosecutor, Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
