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Arif Ali @ Arif Ahmed Vs the State of Assam — Anticipatory Bail | Gauhati HC (2024)

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Gauhati HC
2024
Arif Ali @ Arif Ahmed Vs the State of AssamArif Ali @ Arif Ahmed v. the State of Assam

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Arif Ali @ Arif Ahmed v. the State of Assam

Gauhati HC18 Jun 2024AB/222/2024

Case brief

AI extract

What is this about?

Petitioner applied for pre-arrest bail under Section 438 CrPC apprehending arrest for an offence under Section 366 IPC. The Court extended an existing interim bail order until 25.06.2024 and directed the trial Court to decide the pending bail application.

What did the court decide?

The interim bail order was extended until 25.06.2024. The bail petition was disposed of with direction to the trial Court.

What the court decided

AI extract

Outcome

The interim bail order was extended until 25.06.2024. The bail petition was disposed of with direction to the trial Court.

Issue for consideration

Whether the interim pre-arrest bail order must be extended.

Detailed headnote1 paragraphs

The Court extended the interim anticipatory bail granted by a coordinate Bench to the petitioner. The trial Court was directed to adjudicate the pending bail application in accordance with law. The interim order was operative until 25.06.2024.

A compact analysis

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.

A

Page No.# 1/2

GAHC010017652024

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

Case No. : AB/222/2024

ARIF ALI @ ARIF AHMED

S/O- ABDUL SATTAR, R/O- VILL GOTLONG PS MAHABHAIRAB PO TEZPUR DIST SONITPUR ASSAM

VERSUS

THE STATE OF ASSAM REP BY THE PP ASSAM

Advocate for the Petitioner : MR M AHMED

Advocate for the Respondent : PP, ASSAM

BEFORE

HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER

19.06.2024

Heard the learned counsel for the petitioner, Mr M Ahmed.

The petitioner, Arif Ali @ Arif Ahmed, has filed this application under Section 438

CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Tezpur PS Case No. 961/2023, under Section 366 IPC.

Vide order dated 23.02.2024, a coordinate Bench of this Court has granted interim

Page No.# 2/2

bail to the petitioner.

Heard Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam.

It is submitted on behalf of the petitioner that charge sheet has been submitted against the petitioner and summonses have been issued against him in connection with the abovementioned case. The petitioner has appeared before the learned trial Court and

he has applied for bail, but his bail petition is pending as the present petition, i.e., AB No. 222 of 2024, is still pending in this Court.

Therefore, the interim order dated 23.02.2024, is extended upto 25.06.2024.

The learned trial Court may decide the bail petition, which is pending, as per law.

In terms of the above observations, the bail petition is disposed of.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the interim pre-arrest bail order must be extended.

Statutes considered

1 provisions across 1 enactments

AI extract

CrPC438

Parties & counsel

AI extract

petitioner
ARIF ALI @ ARIF AHMED
respondent
THE STATE OF ASSAM REP BY THE PP ASSAM

Coram

AI extract

SUSMITA PHUKAN KHAUND

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 18 Jun 2024 · June
Registered: 30 Jan 2024
Case no.: AB/222/2024
CNR: GAHC010017652024
Topic: Anticipatory Bail
Bench: Susmita Phukan Khaund
Disposal: Disposed Of

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Cite this judgement

Arif Ali @ Arif Ahmed v. the State of Assam, AB/222/2024 (GAU), decided on 18 June 2024.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

CrPC438

View all statutes

Bench / Coram

SUSMITA PHUKAN KHAUND

Parties & counsel